The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The instant facts charged [2015 Highest 240 Cases] The Defendant received 21,343,000 won in total each month from the victim D who was organized on July 24, 2013 to August 2, 2014, an award amounting to 20 million won, consisting of 20 members of the fraternity organized on December 21, 2013, and an award amounting to 30 million won in total consisting of 20 members of the fraternity organized on March 2, 2014. The Defendant received 21,343,00 won in total each month from July 24, 2013 to August 2, 2014.

If a member of the successful bidder has paid the fraternity in good faith, he/she has the duty to give him/her an opportunity to attend the fraternity and to participate in the bid.

Nevertheless, the defendant violated the above duty and caused property damage equivalent to the amount of the successful tender price to the victim by depriving the victim of the opportunity to participate in the field and acquiring property benefits equivalent to the amount of the successful tender price in a manner that does not inform the victim of the time and place during which the successful bid price was being operated normally due to the reason that the victim had taken an examination for himself/herself from August 2014, 201.

[2015 Highest 262 case] The Defendant received KRW 9,53,000 monthly payment from the victim E from September 2014 to May 2015, the Defendant received KRW 9,53,000 in total from the victim E.

The leader of the successful bid is required to give the members an opportunity to attend the fraternity and to participate in the bid and pay the relevant fraternity when the members of the fraternity pay the fraternity in good faith.

Nevertheless, the Defendant did not inform the victim of the time, place, etc. during which the guidance is underway after he/she notified the victim of his/her failure to receive the guidance on June 2015, in violation of the foregoing duty, and without any special reason.