A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 1, 2014, the Defendant organized and operated a successful bid system consisting of 30 million won in total by paying KRW 1,000,000 to one unit of the Gu from January 10, 2014 to June 10, 2016 and receiving KRW 30,000,000 in total each month by a fraternity who has received a successful bid, from January 10, 2014 to June 10, 2016.

At the time of the above organization, the defendant himself subscribed to three old units at the time of the above organization, and the defendant was responsible for the payment of the total amount of five old units by opening one old unit under the name of the defendant D and E on the condition that the defendant's creditor who did not receive the fraternity payment in the previous system operated by the defendant is paid in lieu of the fraternity payment.

However, the Defendant had no intent or ability to pay an ordinary amount of money to KRW 5,00,00 per month because of the lack of other property or income sources as well as other assets or income sources, while the Defendant had been operating at the time of the foregoing fraternity from 2012 to 5,00,000, in a case where the Defendant was awarded a successful contract with a creditor who had not been 36,000,000 won in the previous fraternity operated by the Defendant at the time of the foregoing fraternity, and the Defendant had no intention or ability to pay an ordinary amount of money to the victims at the time of the successful bid even if the Defendant received an ordinary amount of money from the members of the fraternity including the victims.

Nevertheless, on January 10, 2014, the Defendant issued KRW 1,00,000,00 from the victim C, in cash, for a mutual influent restaurant located in Jung-gu Seoul Metropolitan Government, to the members of the community, including the victim C, “if the Defendant has subscribed to the 30,000 won successful bid for each unit of the Gu, it shall be stated higher discount rate and shall be awarded to the members awarded a successful bid.”