특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for three years.
Defendant F.
Punishment of the crime
【Criminal Power】 On April 12, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on June 28, 2012.
【Criminal Facts】 Since 1989, the Defendant was running a number of times simultaneously, and, instead of paying any money that has come due to the payment to the existing members, continuously aggravated the financial situation by operating a credit by using a prompt term called “plucking” method converting it into lending again by the Defendant, or a method of paying a part of the amount of the fraternity, etc., by purchasing new guidances, or by drawing up the bonds and paying it against the unpaid amount of the fraternity, and operating a credit by using a prompt term “hicking” method.
Around June 2008, the Defendant: (a) the monthly payment amount to be made was equivalent to 4.5 billion won; (b) the accumulated debt from L, etc. was equivalent to 600 million won; and (c) the Defendant was unable to receive the deposit amount from F, etc., which is an intermediate subject, even if he received the deposit amount from the fraternity members, the Defendant did not have the intent or ability to pay the deposit amount properly; and (d) on December 29, 2008, all the guidances operated by the Defendant were dispatched.
Nevertheless, the Defendant, after July 2008 when he lost the normal ability to pay the fraternity, continued to receive the fraternity from the members of the fraternity who had been organized and operated in the past. On the other hand, the Defendant was able to additionally organize the new fraternity and receive the additional fraternity.
On the other hand, the Defendant did not have any revenue or property other than those derived from operating the fraternity. On July 2008, the financial situation aggravated while operating the fraternity, and the debts therefrom were reasonable, while it was difficult to exercise the unpaid credit from some members, so it is difficult to borrow money from others.