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Defendant
B Imprisonment with prison labor for six months and for six months, each of the defendants A shall be punished by imprisonment.
Reasons
Punishment of the crime
1. The Defendants made up of the nominal defraudation of money in the name of the fraternity, and the Defendant A played the role of designating the order of payment of the fraternity as a leader, and Defendant B conspired to procure money by soliciting many unspecified people as members of the fraternity by managing the fraternity money, such as arranging books, etc.
On January 2016, the Defendants made a statement to the effect that “The victim K, the victim J, the victim L, and the victim M are the upper steering force, 400,000 won in one unit, and the date when the fraternity is paid is not fixed, and the fraternity is paid only if the fraternity is paid on the desired date, and it can receive more money than the paid one if the receiver of the fraternity is the recipient of the fraternity according to the operating method.”
However, the above upper mutual aid division does not create profits by investing the mutual aid fund received from the members in other locations, or by receiving additional payment of the amount equivalent to interest from the members who received the mutual aid fund, but rather by inviting the mutual aid fund to divide the class in multi-stage type. Accordingly, the mutual aid fund is merely paying the mutual aid fund to the members of the mutual aid fund, so it is difficult to pay the mutual aid fund to the members of the mutual aid fund who joined the last mutual aid fund, and there is no particular property or income from the Defendants. Thus, even if the mutual aid fund was organized to receive the mutual aid fund from the victims, there was no intent or ability to pay the mutual aid fund to the victims by operating the mutual aid fund normally.
As above, the Defendants conspired to induce the victims as above, they shall receive 2.8 million won from the victim K to receive 2.8 million won for the deposit money (7 old accounts) at around that time, and shall be from the victim J.