A defendant shall be punished by imprisonment for not less than eight months.

All of the applicants for compensation are dismissed.

Punishment of the crime

1. The Defendant in breach of trust against the victim B is the subject of a number of KRW 28 million, which was organized from a member of the Won-si Won-si around May 2018.

On August 2018, the Defendant received KRW 28 million from the fraternity members by account transfer, cash, etc., and accordingly, the Defendant had the duty to pay KRW 28 million to the victim B of the 4th fraternity which was designated to receive the fraternity payments around that time.

Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim, and consumed it without permission from the members of the Won-si, the victim's personal debt repayment, etc. around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 28 million, and suffered damages equivalent to the same amount as the victim.

2. The Defendant, in breach of trust against the victim C, received KRW 17 million out of the 10th installment payment by account transfer, cash, etc. from the fraternity members around February 2019, and thus, the Defendant was obligated to pay KRW 17 million to the victim C of the 10th installment which was designated as a recipient of the 10th installment payment around that time.

Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim, and consumed it without permission from the members of the Won-si, the victim's personal debt repayment, etc. around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 17 million, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes concerning investigation reports and criminal records;

1. Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the rejection of the application for compensation should be made to the court in which the relevant criminal case is pending until the closing of argument at the court of first instance or the appellate court.