A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On October 7, 2014, the Defendant in breach of trust against the victim B constituted the number limit of KRW 10 million in the gold bank operated by the Defendant located in Gwanak-gu in Seoul Special Metropolitan City and the number limit of KRW 26 in the old account, and there was a duty to pay the fraternity to the Plaintiff in the order of designation in the future as the leader of the above number fraternity.

Around August 7, 2016, the Defendant violated the foregoing duties, and received all fraternity payments from the members of the above number fraternity, but did not pay a fraternity amounting to KRW 12.4 million to the victim B who was under the order of designation at the time, and consumed arbitrarily for personal purposes, such as operating expenses of the restaurant operated by the Defendant’s son around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 12.4 million and suffered damages equivalent to the same amount as the victim.

2. On October 7, 2014, the Defendant in breach of trust against the victim D constituted the number limit of KRW 10 million in the gold bank operated by the Defendant located in Gwanak-gu in Seoul Special Metropolitan City and the number limit of KRW 26 in the old account, and there was a duty to pay the fraternity to the members in the order of designation in the future.

Around November 7, 2016, the Defendant violated the foregoing duties and received all of the fraternity payments from the members of the above number fraternity, but did not pay the fraternity payments in an amount equivalent to KRW 12.4 million to the victim D who was under the order of designation at the time and used them for personal purposes, such as operating expenses of the restaurant operated by the Defendant’s children around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 12.4 million and suffered damages equivalent to the same amount as the victim.

3. On December 26, 2014, the Defendant in breach of trust against the victim E constitutes a sum of KRW 10 million in gold banks operated by the Defendant located in Gwanak-gu in Seoul Special Metropolitan City and KRW 26 in old accounts.