A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, E, F, G, H, I, J, regarding the limit of KRW 50 million.

Punishment of the crime

"2012 Highest 549"

1. On July 10, 2009, the Defendant, who received the payment of the fraternity to the “50 million won” fraternity, was at the time of having operated the fraternity jointly with L around July 10, 2009, in order to encourage the victims and to receive the fraternity from the victims as if all the members were recruited.

On September 30, 2009, the Defendant stated that “Around September 30, 2009, both members of the fraternity on the accounts equivalent to KRW 50 million have been recruited, and only one member of the fraternity has been absent. When joining the Ban, the Defendant would pay the fraternity and interest thereon by the sequence.”

However, in fact, five of the members of the fraternity operated by the defendant did not actually exist, and two of the members of the fraternity could not receive the actual payment from them to the creditor against the defendant. The two of the members of the above fraternity overlaps with the two of the members of the fraternity, and the defendant was liable for approximately KRW 100 million without any special income at the time, so even if he received the payment from the above victim, there was no intention or ability to pay the agreed fraternity, etc.

The Defendant, as such, made a false statement to the said victim and received a total of KRW 20 million from September 30, 2009 to February 10, 2012 from the said victim as a deposit, and received KRW 27,6250,000 from the said victims as shown in the attached Table 1 of the Crimes List I.

2. On December 25, 2009, the Defendant was willing to receive the guidance money from the victims as he operated the fraternity jointly with L around December 25, 2009.

On December 25, 2009, the Defendant: (a) around December 25, 2009, to the victim V, all members of the fraternity on the limit of KRW 40 million were recruited; and (b) one of the members of the fraternity was absent.

2.