However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

The Defendant, for the period from January 5, 2015 to 20 months, 500,000 won per month from the victims B, etc. 21 fraternitys, and 600,000 won per month after the receipt of the fraternity, and paid the fraternity to the members who correspond to the sequences set in the pre-determined date. The Defendant organized and operated the 21,000 foot number system of the old unit by paying the fraternity to the fraternitys that correspond to the sequences set in the pre-determined date.

On September 5, 2016, the Defendant received KRW 10,190 from the members of that fraternity to one bank account (C) in the name of the Defendant, and thus, the Defendant had a duty to pay KRW 11,90,000 to the victim B of the fraternity designated as the recipient of the fraternity on the same day.

Nevertheless, the defendant violated his duty and did not pay the fraternity to the victim and consumed it without permission by lending it to the defendant's branch around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 11,90,000,000, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against B;

1. Each statement set forth in D and B;

1. Recording notes;

1. Investigation report (to telephone conversations with witnesses);

1. Details of transactions between the principal and each receiving period;

1. Application of Acts and subordinate statutes to a copy of a letter-cape data and a register of fraternity members;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Class 1 (100 million won) of the mitigated area (one month to October), [the person subject to special mitigation] of punishment, or where significant damage is restored [the decision of sentencing], the defendant is against the defendant, the defendant is the first offender who has no record of criminal punishment, the defendant agreed with the victim on February 3, 2017, and other circumstances after the crime.