A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 19, 2011, the Defendant is a leader of a 24 million won foot base (the first receipt by the necessary person without any order) organized in D cafeteria located in Mapo-gu Seoul, Mapo-gu.

1. On August 19, 2013, the Defendant received KRW 282,8280,00 from the members of the Defendant’s house, Mapo-gu, Seoul, 5th and 501, the Defendant had a duty to pay KRW 2,828,00,00 from the members of the Defendant’s house in Mapo-gu, Seoul, 5th and 501. Therefore, the Defendant had a duty to pay KRW 2,82.8

Nevertheless, the Defendant violated his duties and did not pay the remainder to the victim, and used the Defendant’s personal debt at his residence, etc. at that time, thereby obtaining pecuniary benefits equivalent to KRW 23.280,000,00, and incurred damages equivalent to the same amount to the victim.

2. On July 19, 2013, the Defendant received KRW 28,40,00 from the members of the fraternity from the said Defendant’s house on July 19, 2013, and thus, on the same day, the Defendant had the duty to pay KRW 28,40,000 to the victims of the fraternity G, which was designated as the other party to pay the fraternity money.

Nevertheless, the Defendant violated his duty and did not pay the remaining amount to the victim, and used the Defendant’s personal debt at his residence, etc. at that time, thereby obtaining pecuniary benefits of KRW 25.4 million and suffered economic loss equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A list of members of the fraternity and a register of accounts for the payment of fraternity dues;

1. Application of Acts and subordinate statutes to a report on investigation (the payment of fraternity dues, complainants and fraternity dues and confirmation as to whether they receive fraternity dues, etc.);

1. Article 355 (2) and (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The following circumstances and the defendant's age, character and conduct in the sentencing of Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes: