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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant, around July 2010, may choose the deposit amount of KRW 1 million, KRW 1250,000, and KRW 1500,000,00. The Defendant has the duty to pay the deposit amount of KRW 40,000,00,000,000. When the account is organized by the Notarial System, the Defendant has the duty to pay the deposit amount to the designated person.
Nevertheless, on July 2013, the Defendant had the victim E, and the victim F (victim F before the Defendant’s horses from the victim E) who was affiliated with the rupture operated by the Defendant in Songpa-gu Seoul Metropolitan Government, used the fraternity to pay the victims personal debts, and had the victims receive the fraternity money at around September 2013, and around October 2013. The Defendant was aware that “F would receive the fraternity money at around September 2013, when he met the Defendant’s horses from the victim E, and around October 2013, E would receive the said fraternity.” The fraternitys the Defendant joined was not only the fraternity he knows, but also the other fraternitys that he knows, and the time when he receives the fraternity money from the other fraternitys, F would receive it from the victims by having the victims receive it by 10 minutes and December 1, 2013.”
Since around September 2013 and around October 2013 of the same year, the Defendant received approximately KRW 80 million from the members of the fraternity, except for the fraternity that the Defendant agreed to pay part of the fraternity due to personal debt relations with some members of the fraternity, and as such, the Defendant used the fraternity in violation of its duties to pay it to the victims, even though there was a duty to pay it, at around that time, the Defendant used the fraternity in violation of its duties to pay it to the victims as personal debt.
Accordingly, the defendant acquired a considerable amount of financial benefits and suffered financial loss from the victims.
Summary of Evidence
1. The first time;