The defendant shall dismiss the application filed by the applicant for compensation.

1. The summary of the facts charged of the instant case is the leader of the 11st unit number system (hereinafter referred to as the “instant system”) that received 10 million won in a single unit (hereinafter referred to as “the instant system”). Around September 25, 2012, the Defendant falsely told the victim C to pay 10 million won in a single unit if he/she joined the number system and paid 3 times in 100,000 won.”

However, in fact, the defendant was liable for a debt of approximately KRW 60 million at the time, and there was no intention or ability to pay the fraternity by continuing to maintain the normal system, due to the situation where he is responsible for the interest of at least KRW 2500,000 per month.

As such, the Defendant, by deceiving the victim, received money from the victim on October 1, 2012, around October 25, 2012, and around November 26, 2012, through the Defendant’s bank account (Account Number: E) in the name of the Defendant, and acquired money by deceiving the victim on a total of three million won (hereinafter “instant financial deposit”).

2. In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court, the evidence alone presented by the prosecutor was intended to obtain the above money from the Defendant at the time when the Defendant received the payment from the complainant.

There is a lack of recognition and there is no evidence to prove otherwise.

The instant fraternity operated by the Defendant is a serial number system in which the members of the fraternity regularly pay the fraternity monthly, and receive the fraternity, one person, respectively.

This is basically operated with the financial resources of the fraternity paid by the fraternity members, and in the event of the loss of the fraternity paid, it is not possible to pay the fraternity to the fraternity members who fall under the relevant sequence. The fact that the defendant bears a large amount of debt at the time of operating the fraternity of this case cannot be inferred to the criminal intent of the crime of defraudation of the fraternity of this case only on the sole basis of the fact that the defendant bears a large amount of debt.

Respondents: October 11, 2012; October 25, 2012; and November 26, 2012.