A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2013 Highest 1306]

1. On May 5, 2012, the Defendant made a false statement to the effect that “Around May 5, 2012, at the D office located in Sacheon-si, the Defendant would continue to receive monthly payment from the victim E by joining one of the 26 foot No. 26 units of the 50 million foot No. 1 (25 million won per month each month).”

However, the Defendant had no particular property at the time. At the time, the Defendant had to pay the monthly aggregate of approximately KRW 20 million with the funds of another fraternity or the fraternity operated by the Defendant separately, but since April 2012, there was no funds. However, since around 2012, the Defendant operated about 10 in the so-called “fluence” form, such as paying the funds received from the members of the fraternity operated by the Defendant, or paying the funds to the members of the fraternity operated by the Defendant. The above number fraternity operated by the victim was also subscribed to money for the purpose of raising funds through the above “fluence.” Thus, even if the Defendant received the funds from the victim, there was no intent or ability to pay the said number fraternity continuously.

Around July 5, 2012, the Defendant received from the victim the total amount of KRW 50 million,00,000,000 corresponding to one unit of the above number system, KRW 2575,000,000 corresponding to the above number system around October 5, 2012, and KRW 26250,000,000,000 from the Defendant’s motherF account, around December 5, 2012.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 10, 2012, the Defendant, in relation to the number system of November 10, 2012, received the fraternity from the victim E by opening a credit number system of the 10 million won foot (10 million won per each month) at the office located in Scheon-si C around November 10, 2012.