[Presumption of Facts] The Defendant organized and operated several communities from around 2008, but it was difficult for the Defendant to operate the fraternity on the grounds that some of the members of the fraternity received the fraternity and did not pay the fraternity.

The Defendant continued to organize a different fraternity by way of unpaid fraternity payments, etc., and received the fraternity payments paid by new fraternity members by themselves as the fraternity payments, and operated the fraternity by means of a "return prohibition" term, which is paid to the fraternity members by the previous fraternity members, or paid the fraternity payments from other persons.

In the end, the Defendant did not have any intent or ability to pay the fraternity money to the members or to repay the money borrowed to the victims in a normal way, even if the amount of the debt incurred by the operating loss exceeds KRW 260,000,000,00,000 for the principal and interest, since there was no certain revenue or property, or even if the Defendant additionally organized the fraternity and borrowed the money for the purpose of operating funds.

Nevertheless, the Defendant mainly committed the following acts: (a) the victims, who are merchants of the "Gain Market" in Songpa-gu Seoul Metropolitan Government, are able to operate a normal platform; and (b) received fraternity payments from the victims by soliciting them as members of the fraternity; (c) and (d) attempted to receive fraternity payments from some victims who are aware of the fact of the strike even after the guidance for the operation of the Defendant was already dispatched on April 5, 2013 or to receive money from the victims.

"2015 Highest 5653"

1. On August 8, 2011, the Defendant: (a) borrowed money, “F” in the name “F” located in Songpa-gu Seoul Metropolitan Government E around August 8, 201, means that “The victim G (hereinafter “F”) is required to have a director by increasing the number of apartment plane; and (b) if he/she borrowed KRW 30 million, he/she will pay interest on a monthly basis and pay the principal.”