Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant recruited the members to join the number fraternity operated by C, and the defendant joined the number fraternity, but the person who has been recruited by the defendant paid the fraternity to C through the defendant, and when the payment sequence of the fraternity of the relevant old unit has been established, the defendant served as the so-called intermediary leader who received the fraternity from the state C and paid it to the members who recruited by the defendant.

On the other hand, on December 2009, before joining the number fraternity C, the Defendant had already incurred a debt equivalent to KRW 10 million with respect to C, and even until the completion of the number fraternity, the Defendant was unable to repay the debt. Since the Defendant had already spent more than KRW 6 million each month from the time of opening the fraternity, the Defendant continued to have aggravated financial status. However, since the time of paying the fraternity to the victim, the Defendant had already been in excess of his/her debt, it was difficult to prepare the fraternity to pay to the victim with his/her own ability.

On December 28, 2009, the Defendant joined the 26 unit of the number fraternity operated by the above C on behalf of the victim at the request of the victim D on December 2, 2009. From that time, the Defendant received 40,000 won per month from the victim on December 2, 201 and paid it to C who is the leading shareholder. As such, the Defendant, the intermediate leading shareholder, received KRW 26,00,000 from C on January 28, 201 to pay it to the victim.

Nevertheless, when considering the fact that the Defendant is able to pay fraternitys only by discharging the existing obligation from C, the Defendant’s intent to escape from his/her obligation by using the fraternitys to be paid to the victim, and the Defendant’s existing obligation to C without receiving the actual payment of KRW 12 million from C around January 28, 2012 without obtaining the consent of the victim.