A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

The Defendant has organized 5 days each 27th day from August 5, 2008 to September 5, 2010, 38 members paid 300,000 won per unit over a total of 38 times from December 31, 2006 to January 31, 2010 and paid 1.1.1 million won per unit at the end of each month, and 27 members paid 40,000 won per unit during a total of 27 hours from August 5, 2008 to September 5, 2010, when the members wish to provide them.

On November 31, 2009, the Defendant received fraternity payments from the members of the fraternity on the last day of the said fraternity by November 31, 2009, and received fraternity payments from the members of the fraternity on the last day of the said five-day period until December 5, 2009. As such, when seven victims, such as D, who did not receive the time limit payments, want to receive the time limit payments, the Defendant had a duty to provide the time limit payments.

Nevertheless, the Defendant violated his duties, without paying the time limit money to the victims, lent the credit money to others without permission, used it for the Defendant’s living expenses, etc., and neglected the above guidance around December 5, 2009, thereby acquiring the financial benefits of KRW 150,580,000 in total as stated in the attached list of crimes, and causing property damage equivalent to the same amount to seven victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D, E, F, G, H, and I;

1. Application of Acts and subordinate statutes on details of transactions in each complaint and account;

1. Relevant Article 355(2) and (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment;

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

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the first offender even though the defendant is old, the defendant was unable to receive the money borrowed from the crime of breach of trust of this case, and the facts that the defendant recognized the criminal facts and divided) or more.