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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.
Reasons
Punishment of the crime
The Defendants organized the “ upper mutual aid system”, and Defendant A plays the role of designating the order of mutual aid payment as a leader, and Defendant B conspiredd to procure money by soliciting many unspecified people as a fraternity by managing the mutual aid money such as book keeping, etc.
1. Fraud against the victim C;
A. On January 13, 2016, at the office of Defendant B located in Chuncheon City, the Defendants made a statement to the effect that “the victim is an upper co-ordination, 400,000 won in the first unit, 40,000 won in the first unit, and the date of payment of the fraternity is not fixed, and it is required that the fraternity be paid on the date desired by the fraternity members, and that the Defendants may receive more money than the amount of the fraternity paid if the receiver of the fraternity is the recipient according to the operational method.”
However, the above upper mutual aid division does not create profits by investing the mutual aid fund received from the members in another place, or by receiving an additional amount equivalent to interest from the members who received the mutual aid fund, but rather pays the mutual aid fund to the members by paying the mutual aid fund more than the mutual aid fund. However, it is a situation in which it is inevitable for the Defendants to pay the mutual aid fund to the members of the mutual aid fund who joined the mutual aid fund later, and there is no particular property or income from the Defendants. Thus, even if the mutual aid fund was paid from the victims by the mutual aid organization, there was no intent or ability to pay the mutual aid fund to the victims by operating the mutual aid fund normally.
In collusion, the Defendants: (a) received a total of KRW 17.2 million from January 13, 2016 to February 15, 2016 from the injured party by deceiving the injured party as such; (b) received a total of KRW 17.2 million from the advance payment; and (c) paid KRW 11.2 million as the advance payment; and (d) did not pay KRW 6,000,000 as the advance payment.
(b).