The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The reason why the defendant, who is the lead of mistake of facts, did not pay the guidance money to the victims is that the victims received the guidance money, and the victims demanded not to pay the guidance money thereafter, and did not provide a security therefor.

Since the Defendant’s failure to pay the Defendant’s fraternity has such justifiable grounds, the lower court erred by misapprehending the fact that the Defendant was guilty.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. In a case where the share holder of a judgment on the assertion of mistake of facts has collected all monthly payments from the members, but failed to pay it to the designated members without any justifiable reason, it constitutes a crime of breach of trust in relation to the designated members, barring any special circumstances.

(See Supreme Court Decision 95Do1176 delivered on September 29, 195). Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the court below in light of the aforementioned legal principles, the Defendant’s act constitutes a crime of breach of trust on the grounds that there is no justifiable reason to refuse to pay an advance to the victims.

(1) The victims have been paying a agreed deposit money after the defendant joined the serial number system as the owner of the household.

However, it is confirmed that the victims did not pay some of the accounts, but it seems that the victims were subscribed to the accounts during the process of the above number system or did not pay the accounts to the senior members.

② As to the reasons why the Defendant did not pay the fraternity to the victims, the Defendant alleged to the effect that “if the victims receive the fraternity because of the complicated relationship, it would not pay the fraternity.” However, as seen above.