배임등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
around June 28, 2009, the Defendant organized a system by which the monthly payment is to be made in the amount of KRW 31,000,000,000,000,000,000 from the following month to the “D” restaurant operated by the Defendant in Dongjak-gu Seoul Metropolitan Government, and KRW 300,000,000,000,000 in the monthly payment from the following month.
1. Since the Defendant received each payment from the fraternity members around November 28, 2011, there was a duty to pay KRW 37.8 million to the victim E, who is a person subject to the receipt of the fraternity payment on the same day designated as a recipient of the fraternity payment on the same day.
Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim, but consumed the defendant's living expenses at his residence, etc. around that time.
Accordingly, the defendant acquired property benefits equivalent to KRW 37.8 million, and suffered damages equivalent to the same amount to the victim.
2. Since the Defendant received each fraternity from the fraternity members around December 28, 2011, the Defendant had a duty to pay KRW 38.1 million to the victim F, who was designated as a recipient of the fraternity payment on the same day, as the Defendant received each fraternity payment from the fraternity members on the same day.
Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim, but consumed the defendant's living expenses at his residence, etc. around that time.
Accordingly, the defendant acquired property benefits equivalent to KRW 38.1 million, and suffered damages equivalent to the same amount to the victim.
"2014 Highest 2640"
3. On June 27, 2009, the Defendant: (a) around June 27, 2009, at a “D” restaurant operated by the Defendant located in Dongjak-gu Seoul Metropolitan Government, the Defendant organized a system by which the amount of monthly payment is KRW 31,000,000,000,000,000,000,000,000,000,000,000,000,000 won.
Since the defendant received each payment from the members of the fraternity around September 28, 2011, he/she will receive the same day.