A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 21, 2011, the defendant is the owner of the successful bid in the 16th unit of the 14.4 million foot, organized in a conventional market located in Kimhae-si, Kim Jong-si.

From January 21, 2012 to March 21, 2013, the Defendant agreed to pay the maximum of 10 old accounts to 10 of the members, and to pay the maximum of 10 accounts on April 21, 2013 to the victims D, victims E, victims F, and victims G.

From December 21, 201 to April 21, 2013, the Defendant calculated one month from its fraternity members as 30 days, and received 30,000 won per day from its fraternity members in full, and received 30,000 won per day from its fraternity members in full. Thus, on April 21, 2013, the Defendant had a duty to pay KRW 1.5 old accounts to the victim D who was designated as a fraternity member on April 21, 2013, KRW 21.6 million per day to the victim E, the victim E, the victim F, and the victim, respectively.

Nevertheless, the Defendant did not pay the fraternity to the victims in violation of his duties and consumed it by means of lending it to J and K without permission at the I's office located in Kimhae-si H around that time.

Accordingly, the defendant acquired property benefits equivalent to the total amount of KRW 64.8 million and suffered damages equivalent to the same amount from the victims, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. The loan certificate;

1. Details of the I expenditure;

1. Ratification;

1. Application of each investigation certificate (verification of places of breach of trust, verification of sources of voluntary use), and statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;