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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2016 Highest 195"
1. From January 2006 to September 2015, the Defendant, in breach of trust, organized a marriage system with 12 neighbors and 10,000 won, such as neighboring residents and branched victims, in the Defendant’s residence located in the area of the Defendant located in the area located in the area adjacent to the North Korean territory, and agreed to receive and keep the monthly payment from the victims as stated in the attached crime list 1,00 won to KRW 20,00,000 or KRW 110,00,000, and the fraternity’s children are married.
The Defendant, at a place from July 2010 to January 2015, where it is impossible to identify the above C or lower place, received a total of 3 million won per month payment from the victim D, which is the cause of the marriage, over 50,000 won, in total, 50,000 won. Therefore, when the victim’s child is married, the Defendant was obligated to pay 3 million won per month.
Nevertheless, the Defendant did not pay the funds to the victim in violation of his/her duties and did not pay the funds to the victim. From June 2013 to January 2015, the Defendant voluntarily consumed the funds to the police officer from the beginning of June 2013 to the middle of January 2015 due to the Defendant’s living expenses, etc., acquired economic benefits equivalent to KRW 3 million and sustained damages equivalent to the same amount
In addition, the Defendant received the total sum of KRW 63.1 million from 12 victims at a place where it is impossible to identify a place from January 2006 to September 2015, 2015, as indicated in the attached list 1 of crimes committed by the Defendant, but in violation of his duties, he voluntarily consumed KRW 63.1 million as the Defendant’s living expenses, etc., thereby gaining property benefits corresponding to this amount, and suffered loss equivalent to the same amount as the victim.
2. At the time of the instant case, the Defendant was the owner who organized and operated the number fraternity without any particular occupation, and used the previous number fraternity as corporate fund, and was not recovered from the amount equivalent to 3.5 million won, and was liable to repay it to the members. The Defendant’s family members are the business fund.