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Defendant
A shall be punished by imprisonment for a period of four years and six months, and by imprisonment for a period of three years and six months, respectively.
The seized books of account;
Reasons
Punishment of the crime
[2018 Highest 2937]
1. From around 1989, Defendant A, as a leader in the Ulsan-dong area, was running a system by collecting many people, such as members of various groups and relatives. Since around 2004, there were members who did not pay the fraternity even though they received the fraternity from around 2004. However, it was difficult for the members to pay the fraternity to the fraternity because they did not receive the fraternity.
Accordingly, Defendant A had concealed the use of the fraternity for the purpose of paying the fraternity and borrowed money from the fraternity members, or had a mind to operate the fraternity by means of a 'comprehioning’ method of paying the fraternity with the fraternity payments of other fraternity members.
Defendant
A around 2008, the amount of money borrowed from the members of the fraternity and the land was KRW 500 million, and around 2013, the amount of money borrowed was KRW 1 billion and KRW 1.5 billion around 2015.
In addition, Defendant A, as seen above, has to operate the system by the “fluoring” method, has to pay guidance money to the members of the fraternity, and even if there is no fixed income other than operating the system, there was no intention or ability to pay guidance money from the members of the fraternity, and there was no intention or ability to pay the money from the victims even if there was no intention or ability to lend it.
On the other hand, Defendant B, the wife, is aware of the fact that Defendant A operated a large number of serial accounts without any different occupation and the status of his assets becomes worse, and that it is unable to pay the creditors with the money borrowed from the creditors and cannot pay the money normally according to the sequences among the members of the fraternity. Defendant B, despite being aware of such fact, solicited Defendant B to the effect that “A shall pay the money without the mold, if he has subscribed to a certain member of the fraternity,” and Defendant A to receive the money from the D Bank and E Association account in his name or directly pay the money.