A defendant shall be punished by imprisonment for four months.

Punishment of the crime

From October 10, 2010 to KRW 10,50,000, KRW 14 of the fraternity, KRW 21 of the previous unit, KRW 500,000 of the monthly payment per unit (at least 600,000, KRW 600,000, KRW 100 of the previous unit) is the subject of the serial system.

Around April 10, 2012, the Defendant received KRW 9,300,000,00 in total from a restaurant of “E” located in Gangdong-gu Seoul Metropolitan Government “E” as a deposit amount from the fraternity F, G, H, I, etc. As such, the Defendant violated the duty to pay to the victim J, who is the recipient of the fraternity money No. 19, which is the order of the said month, and thereby did not pay it to the victim, thereby acquiring property benefits and causing damage equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement to J and K;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The reasons for sentencing under Article 356 of the pertinent Act and Articles 355(2) of the Criminal Act regarding criminal facts and Article 356 and Article 355(2) of the Criminal Act regarding the selection of punishment are as follows: (a) even though the Defendant received KRW 9.3 million from the fraternity members, the Defendant was used as a repayment of his/her obligation, etc.; (b) after K received the Defendant’s insurance-related issues of the victim, the Defendant paid the Defendant an advance payment; and (c) under its name, K did not use it as a repayment of personal obligation, etc.; and (d) did not appear to have made efforts to recover damage; and (c) the sentence is to be imposed by taking into account the following factors: (a) the amount of damage in this case, the motive and circumstance of the instant crime, and all other sentencing conditions specified in the record, the sentence of punishment as ordered in the sentencing guidelines shall be imposed within the scope of sentencing