A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a year.

From September 2006, the Defendants together carried out the role of guiding the Defendants’ house located in Guro-gu Seoul Metropolitan Government, and Defendant A took charge of managing the fraternity and receiving the fraternity payments directly paid in cash, and Defendant B, an son, took charge of managing the fraternity, and operated the number fraternity jointly.

1. Breach of trust against the victim E;

A. On September 2006, the Defendants received KRW 25,800,000 from the senior policeman on December 201, 201, while organizing and operating the number system of KRW 400,000 per 52 unit at their own house of Guro-gu Seoul Metropolitan Government (F apartment 104, 1502, and one hundred and fifty-five per month, and the Defendants received KRW 25,80,000 from the senior policeman on December 5, 201. Accordingly, the Defendants had the duty to pay KRW 25,80,000 to the victims, who are the causes of the payment of the entire amount.

Nevertheless, the Defendants conspired to act in violation of their duties and did not pay the amount of money to the victim. At that time, the Defendants consumed the amount of money to KRW 25,800,000 due to the Defendant’s living expenses and the repayment of debt, etc., thereby obtaining property benefits equivalent to the amount of money to the victim and causing damages equivalent

B. The Defendants received KRW 23,500,000 from the members of the fraternity around April 201 while organizing and operating the number of 51 unit each 400,000 won per 15th unit at the above place on February 2007, the Defendants joined one unit and paid KRW 23,50,000 from the members of the fraternity around April 201, and thus, there was a duty to pay KRW 23,50,000 to the victims E who were 47 times of payment by joining one unit.

Nevertheless, the Defendants conspired to act in violation of their duties and did not pay the amount of money to the victim. At that time, the Defendants consumed the amount of money to KRW 23,500,000 due to the Defendant’s living expenses and the repayment of debt, etc., thereby obtaining property benefits equivalent to the amount of money to the victim, and suffered losses

C. On February 2009, the Defendants organized and operated the number system of 31 units each 25th day of each month at the same place as above and around April 201. < Amended by Presidential Decree No. 22810, Apr. 2, 2011>