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A defendant shall be punished by imprisonment for six years.
Of the facts charged in this case, the victim R from September 20, 209 to May 16, 201.
Reasons
Punishment of the crime
[2013 Highest 68]
1. The Defendant, from around 2007, operated the 21st unit of monthly payment of KRW 10 million and the 26th unit of monthly payment in the name of “S” at the same time from 2007 to 13 unit of monthly payment of KRW 5 million.
As above, the Defendant often did not pay the fraternitys properly, and the point of time is set at around April 2010 in the facts charged. However, in the instant case, the Defendant’s criminal intent to acquire money is recognized in the following cases, as it is determined in detail: (a) the Defendant was around April 2010.
In addition, it has become difficult to operate the normal system by inducing the members in the order of borrowing money from the members or receiving guidance money to receive the next guidance money on a next occasion.
Nevertheless, on April 20, 2010, the Defendant made a false statement to the victim H who had been living together with the Defendant during the normal operation of the fraternity. The Defendant had the victim H join the number fraternity 26 times each month 5 million won and paid 26 times from that time to April 20, 2012, and instead of receiving the fraternity payment, acquired property or pecuniary gains in an amount of 125 million won in total by means of receiving the fraternity payment or being exempt from the Defendant’s obligation such as the fraternity, loan, and interest that the Defendant shall pay to the victim H, and then, from that time to May 15, 2012, the Defendant acquired property or pecuniary gains in an amount of 125 million won in total by borrowing property or pecuniary gains from the victims, such as the convicted portion in the attached fraternity payment statement from that time to May 15, 2012, or by receiving the fraternity payment from the victims or the Defendant in lieu of receiving the fraternity payment, 30 million won or pecuniary gains from the victims.