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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From October 2010, the Defendant organized and operated on October 26, 2010, the number system of 1,000,000 units per Gu unit (hereinafter “26-day system”), the number system of 22 units on April 30, 201 (hereinafter “30-day system”), the number system of 20 units on February 28, 2012 (hereinafter “28-day system”), and the number system of 20 units on September 16, 2012 (hereinafter “11-day system”).
1. Breach of trust;
A. The Defendant, around October 26, 2012, received the payment from the said 26th fraternity from the said 26th fraternity, and thus, the Defendant, as the fraternity, did not pay the said payment to the victim D, the receiver of the said 25,000,000 won, in violation of his/her duties, due to the failure to pay the said payment to the victim. As such, the Defendant acquired property benefits equivalent to the said payment and suffered property damage equivalent to the said amount from the victim.
B. From September 26, 2010 to November 26, 2010 of the same year, the Defendant: (a) paid all of the fraternity from the said 26th fraternity to the said 26th fraternity; (b) thus, the Defendant, a transferor, was liable to pay KRW 75,00,000 corresponding to the three unit accounts to the victim E, who was the recipient of the fraternity in the said month; and (c) even though there was a duty to pay KRW 5,00,000 for each of the three unit accounts on September 26, 2010; and (d) on October 26, 2010, the Defendant, in violation of such duty, did not pay KRW 56,050,000 out of the fraternity, and did not pay KRW 18,950,000 to the victim, thereby acquiring property gains equivalent to the said fraternity and suffered property losses equivalent to the said amount.
C. The Defendant, from April 30, 201 to December 30, 2012, was fully paid from the 30th day of each month from the 30th day to the 30th day of December, 2012, and thus, the Defendant, a transferor, was liable to pay KRW 10,00,000 to the victim F, who is the recipient of the fraternity in that month, in violation of his/her duty, to pay the said fraternity to the victim F.