A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

1. In the course of operating “D real estate” as set forth in Section C, the Defendant, at the time of the Government, operated a so-called “successful bid” in which the Defendant, as well as the Defendant’s wife E, was bound to deposit money against the victims who are neighboring merchants, and the Defendant’s wife, as well as the victim F, collected 10 or more guidances on the designated date and did not receive the guidance money, and the fraternity members (or the statement of funds to be given to the fraternity members) recorded the money to be received by himself/herself, and paid the guidance money by winning a successful bid to the fraternity members who recorded the lowest amount (or the highest amount to be given to the fraternity members), and the interest received from the successful bidder from the successful bidder shall be distributed to the persons who excluded the guidance money in the form of interest.

On February 19, 2011, the Defendant concluded that “D Real Estate” operated by the Defendant at the time of the Government of Gyeonggi-si, which was operated by the Defendant in C underground shopping districts, began to commence the successful bid price of KRW 1,80,000 per month as an internal share. When subscribed to the system, the Defendant would pay the successful bid price at the same time.”

However, around 2010, the Defendant had already been liable for a debt of 600 million won or more due to the loss of the investment deposit and escape of the fraternity, and had not paid a proper guidance to the members of the other fraternity operated at the time. Since the Defendant had the intent to receive the guidance from the victim and paid the guidance to the members of the other fraternity, the Defendant had no intention or ability to pay the guidance to the victim by operating the guidance normally.

As such, the Defendant, by deceiving the victim, received total of KRW 1,9710,00 from the victim from February 19, 201 to March 14, 2012, and by the same method, received total of KRW 1,9710,00 from the victim to March 19, 201, as indicated in the attached crime list 1, from the victim 11 to March 2012.