A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 8, 2014, the Defendant made the victim C, etc. as a fraternity; the maximum amount of the fraternity is KRW 55 million; the time for payment of the fraternity is each month; the amount of the fraternity is KRW 4.7 million per month; the amount of the fraternity is KRW 5.7 million per month; the amount of the fraternity is KRW 500,000 per month; and the number of accounts is 12.

around September 8, 2015, the Defendant received KRW 40 million from the members of the prestigious bid bid at “E” sales stores operated by the Defendant in Seoul Jongno-gu D and 18, Jongno-gu, Seoul, and KRW 15 million. Thus, despite the duties of paying KRW 5 million to the victims who are the causes of the prestigious accounts, the Defendant used KRW 55 million for the prestigious metal sales operating expenses of the prestigious metal sales store around that time without paying KRW 55 million to the victims of the prestigious account, despite the fact that the Defendant had the duties of paying KRW 15 million to the victims of the prestigious account, in violation of his duties.

Accordingly, the defendant acquired property benefits equivalent to 55 million won in the above fraternity and suffered property damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to C, F, and G;

1. Application of Acts and subordinate statutes to entries in the list of members;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment for the sentencing guidelines / [type] the scope of the recommended punishment for embezzlement offenses / [type 10 million won or less] the mitigated area [person subject to special mitigation] the mitigated area (the scope of the recommended punishment], one month to ten months; and

2. In light of the circumstances that the gains acquired by the instant crime in which the sentence of sentence was rendered are 55 million won or more and are disadvantageous to the Defendant, there are no particular criminal records that the Defendant agreed with the victim, the Defendant has no specific criminal records that consider both shapes, and the Defendant has led to the confession of the crime.