A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On May 25, 2016, the Defendant is the subject of the award of the prompt term called "10 million won" and "21 accounts" organized by the Defendant's house located in Sacheon-si B.

1. On November 30, 2017, the Defendant in breach of trust against the victim C was awarded a successful bid by the victim C at the Defendant’s home, and received KRW 10 million from the said fraternity members, and thus, the said victim had a duty to pay KRW 10 million.

Nevertheless, the Defendant violated his duties and did not pay the fraternity money to the victim, and subsequently consumed the Defendant’s existing debt at the Defendant’s residence, etc. for the purpose of repaying the Defendant’s existing debt, thereby obtaining pecuniary benefits equivalent to KRW 10 million, and suffered loss equivalent to the same amount.

2. On January 30, 2018, the Defendant in breach of trust against the victim D was awarded a successful bid by the victim D at the Defendant’s home at the Defendant’s home, and received KRW 10 million from the said fraternity members, and thus, the said victim had a duty to pay KRW 10 million.

Nevertheless, the Defendant violated his duties and did not pay the fraternity money to the victim, and subsequently consumed the Defendant’s existing debt at the Defendant’s residence, etc. for the purpose of repaying the Defendant’s existing debt, thereby obtaining pecuniary benefits equivalent to KRW 10 million, and suffered loss equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Two times the suspect interrogation protocol of the police officer against the defendant (including D's statement);

1. Each police statement made to D, C, and E;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 5, 7, 10 of the evidence list);

1. Relevant Article 355 (2) and (1) of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years and six months;

2. The amount of profit shall be added to the amount of profit as concurrent crimes of the same kind within the recommended range according to the sentencing criteria;