Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendants and victims D are between them.

From March 2008, the Defendants organized 20 old unit numbers with monthly payment of KRW 1,500,000 per unit against the branch members, including the victims, in the Dong-dong, Daejeon-gu, Daejeon-gu.

The Defendants, on November 2009, received both fraternity payments from the above members of the fraternity, and thus, the Defendants, a joint owner, had the duty to pay KRW 45,00,000 to the victim as the recipient of the fraternity payments in the month.

Nevertheless, the Defendants conspired in violation of the above duty and failed to pay the above amount to the victim, thereby acquiring financial benefits equivalent to the above amount of money and resulting in financial loss equivalent to the above amount to the victim.

[Judgment as to the assertion by the Defendants and their defense counsel] The Defendants were organized from around March 2008, not around March 2008, but around June 2008, and the victims of the fraternity did not pay the fraternity in full. In addition, since the fraternity of this case was sold in the state that the fraternity did not pay the fraternity in full, the Defendants did not constitute a crime of breach of trust since they did not have a duty to pay the fraternity to the victims.

The argument is asserted.

In order to constitute a “other person’s business” as referred to in the crime of breach of trust, the principle of prohibition imposed by the State according to an agreement with the members of the fraternity should be applied to the case where the essential content of the relationship exceeds a simple obligation under the fiduciary relationship and protects or manages the other person’s property based on the fiduciary relationship.

Therefore, if a fraternity is to collect an advance payment from the members of the fraternity, the advance payment shall carry the nature of the amount entrusted to the fraternity for the purpose of the prohibition of the advance payment to the substantially designated members of the fraternity, and the fraternity shall protect or manage the advance payment for the purpose of the prohibition of the advance payment under the good faith principle, beyond the simple bond relationship between the designated fraternity members.