The defendant is the subject of the number system with 21 foot 20 million won which was organized from January 16, 2012 to an influence place.

1. On August 15, 2013, the Defendant received a total of KRW 23.6 million from the members of the fraternity at a non-permanent place on the same day, and thus, the Defendant had the duty to pay KRW 23.6 million to the victim B, which is the cause of the fraternity designated as the other party to pay the fraternity money on the same day.

Nevertheless, the defendant violated his duties and did not pay the fraternity to the victim, and at that time he consumed it without permission by the defendant's price for goods, etc. from the seller of malicious materials.

2. On September 15, 2013, the Defendant received a total of KRW 23.8 million from the members of the fraternity at a place in which it was not possible for the Defendant to pay a total of KRW 23.8 million from the members of the fraternity. As such, the Defendant had the duty to pay a total of KRW 23.8 million to the victim B, who is the cause of the fraternity that

Nevertheless, the defendant violated his duties and did not pay the fraternity to the victim, and at that time he consumed it without permission by the defendant's price for goods, etc. from the seller of malicious materials.

Accordingly, the defendant acquired property benefits equivalent to 47,400,000 won in total over twice, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] No basic area (4-100 million won) (4-1 year and 4 months) [the decision of sentencing] is not good for the crime of this case, and considering the fact that the victim suffers from a big family and economic suffering due to the crime of this case, it is inevitable to impose severe punishment.

(b).