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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant, when there was a member of the fraternity requesting the payment of the fraternity from about 10 years prior to the date of the payment of the fraternity, was operated by setting the sequence of the fraternity members requesting the payment of the fraternity, and operated several previous fraternitys, with approximately KRW 300,000 won in early March 2012, the Defendant was able to organize a new fraternity in order to “rest” to resolve the previous fraternity by receiving the fraternity through financing the new fraternity.
1. Around March 15, 2012, the Defendant against the victim C organized a unification system consisting of KRW 500,000 per month, and KRW 15,000 per month, in total, KRW 31,000,000 per month (the recipient of the fraternity in the relevant month) within the cafeteria, “E” restaurant located in the East Sea-si, East Sea-si, and was committed as if the Defendant paid KRW 50,000 per month to the victim C, according to the order requested at the time of requesting the payment of the fraternity.
However, in fact, the Defendant was liable for the unpaid amount of KRW 300 million, and the Defendant’s profits from the Defendant’s running are not able to cover the above obligation, and thus the Defendant had already been in excess of the obligation, there was no intent or ability to pay the unpaid amount to the Defendant for the repayment of the unpaid amount of the obligation, and there was no intention or ability to pay the amount normally to the Defendant.
Nevertheless, the Defendant, as such, by deceiving the victim and allowing the victim to join the two unit of the said Uniform System, and then receiving KRW 30 million per month from March 15, 2012 to August 18, 2014, by delivery of KRW 1 million per month from March 15, 2012.
2. The Defendant’s fraud against the Victim F and the Victim G is a unification system consisting of KRW 500,000 per month in which the 500,000 won per month was paid to the said E cafeteria on March 2012, and the guidance amount is KRW 15,00,000 per month (the recipient of the guidance amount is not paid in the relevant month).