A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2015 Height1573] The defendant is the subject of the 20 foot 20,000 foot 20,000 foot 20,000 foot, organized around June 15, 2012.

On January 2014, the defendant received all fraternitys from the above number fraternity members in Busan-gu, Busan-gu, Busan-do, and there was a duty to pay KRW 17 million to the victim E as the defendant received all fraternitys from the above number fraternity members.

Nevertheless, on January 21, 2014, the Defendant did not pay the above fraternity to the victim in violation of his/her duty, and instead lent it to F, who is the Defendant’s seat, thereby causing damage equivalent to the same amount to the victim.

[2015Kadan4569] The Defendant is a member of the number system of 20 million Won, organized at Hakita located in Busan J. G around May 2012, 2012.

Since the Defendant received the entire payment from the members of the fraternity from May 2012 to December 2013, the Defendant had the duty to pay KRW 1.6 million to the victim I, which was designated as the recipient of the fraternity around December 2013, 2013.

Nevertheless, the Defendant violated his duty and consumed the above fraternity money to the victim without paying it to the victim for his own living expenses, etc., thereby acquiring pecuniary benefits equivalent to KRW 11.6 million, and suffered damage equivalent to the same amount to the victim.

Summary of Evidence

[2015 Highest 1573]

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each investigation report (verification of correction of the frequency of payment, date of commencement of guidance, etc.);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act under the suspended sentence [the scope of recommending punishment], types 1 (less than 100 million won) and 1 of embezzlement and breach of trust (in the event of embezzlement and breach of trust), there is no basic area [4 months to 1 year and 4 months] [the decision of sentencing] [the decision of sentencing] all of the defendants and reflects the defendant