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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
Basic Facts
C From May 2004, since organized and operated a large number of successful bidders and the number of winners in the name of “D,” it was bound by the charge of fraud, such as the receipt of fraternitys from the members without the intention or ability to pay the fraternitys on November 2008.
The defendant, as a member of D, joined a number of successful bidders and a number of winners who reach a total of 171 units, and all of the patrolmen around October 2008, when C is detained.
C When receiving a deposit from a fraternity, C entered the date of receipt, amount, etc. in the passbook held by the fraternity, and affix his seal on the confirmation column. When paying the deposit to the fraternity, C entered the statement that the date of payment and the phrase "shot" or "successful tender" in the passbook, and affix his seal on the confirmation column. However, in the above passbook, the said passbook stated that where the fraternity delays the payment of the deposit at least twice or it is deemed necessary for the safety of the fraternity, the relevant fraternity may order the fraternity to withdraw from the fraternity, and at the time of withdrawal, the fraternity may only receive the principal paid only after the completion of the fraternity.
In addition, the receipt of the fraternity that C has received from the fraternity shall state that C will pay every month the remaining fraternity payments without fail.
At the time of the dissolution of October 2008, the Defendant is the sum of KRW 10,784,950,000,000,000,000 for the old accounts for which the Defendant had already received the fraternity as shown in the attached Table 3, and KRW 1,04,950,000,000,00 for the unpaid fraternity until the time of the strike and KRW 9,740,00,000 for the previous accounts to be paid “not later than the expiry date.”
5. With respect to the unpaid accounts (hereinafter referred to as “unpaid accounts for the previous received accounts”) and the unpaid accounts (hereinafter referred to as “unpaid accounts”), the sum of the previous accounts shall be 5.