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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2017 Highest 5243"
1. On April 25, 2016, the Defendant is the subject of the number system consisting of 21 22,2200,000 foot unit organized by the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government C401, and the victim D is the subject of the above number system Nos. 4, 13, and 18.
On April 27, 2017, the Defendant received KRW 22,220,00 from the members of the Korean bank account of the E, a husband of the Defendant, from the members of the fraternity. As such, the Defendant had a duty to pay KRW 22,22,00 to the victim, which is the 13th fraternity designated as the her husband, for the same day fraternity.
Nevertheless, the defendant violated his duties and transferred the money to another person's account or consumed it by the defendant's living expenses, etc. without paying 22.2 million won to the victim.
Accordingly, the defendant acquired property benefits equivalent to KRW 22.2 million, and suffered damages equivalent to the same amount as the victim.
"2018 Highest 1414"
2. The Defendant, on April 25, 2016, organized in the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government C 401, 20 million won.
The 21st unit of the Gu is the leader of the 5th unit, and the victim F is the 18th unit of the 18th unit of the above order.
On September 27, 2017, the Defendant received KRW 19 million from the members of the Gyeyangdong, Gangseo-gu Seoul Metropolitan Government (4.2 million). Therefore, the Defendant was obligated to pay KRW 9.5 million to the victim, who was designated to receive the fraternity payment on the same day.
Nevertheless, the defendant did not pay the fraternity to the victim in violation of his duties and used the money to pay the fraternity G on 21 occasions.
Accordingly, the defendant acquired property benefits equivalent to KRW 9.5 million, and suffered damages equivalent to the same amount as the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D and F;
1. Article 355(2) of the Criminal Act concerning the relevant criminal facts and the selection of punishment.