A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From February 25, 2013 to February 25, 2015, the Defendant: (a) as a fraternity the victim C, etc.; (b) paid KRW 25,250,000 per old unit for 24 months; and (c) as a fraternity, the recipient of the fraternity is operating the term “numbering system” in which the amount of KRW 30,000 per old unit and its interest is received from the fraternity by the sequence of each month.

Around December 25, 2014, inasmuch as the Defendant received all fraternity payments from 18 members of the above fraternity (total 25 old accounts) in light of the E’s clothing operated by the Defendant in Jung-gu Incheon, Jung-gu, Incheon around December 25, 2014, the Defendant’s duty to deliver KRW 36,300,000 to the victim, which is the cause of the same day, was to receive fraternity payments. On January 25, 2015, the Defendant was to deliver KRW 36,60,000 to the victim, which is the cause of the fraternity No. 2434,000,000,000,000 won, without paying the said fraternity payments to the victim for personal purposes, such as using the payment of personal debt at the location of the same time, and thereby, acquired the victim’s pecuniary benefits equivalent to the same amount, and suffered property damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of savings deposit transactions, application of a certificate of deposit transaction records, and statutes;

1. The reason for sentencing of Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the Selection of Punishment Act [the scope of recommending punishment] There is no person [the person subject to special sentencing] [the person subject to special sentencing] in the basic area (from April to January 1, 4) (the scope of recommending punishment is less than 100 million won] [the decision subject to sentencing] in light of the fact that the amount of damage was 54,787,50 won and the name did not recover damage to the victim until now, a sentence of punishment is inevitable.

On the other hand, in consideration of the fact that the defendant has no criminal record for the same kind of crime and has no particular criminal record since 2007, the fact that he acknowledges and reflects his mistake, and other conditions of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex behavior and environment, the punishment shall be imposed within the range of sentencing