Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 23, 2014, the Defendant is the leader of the number fraternity consisting of 26 1,000,000 won in total, organized at the D cafeteria located in the Jeonsan-gu Seoul Special Metropolitan City.

On January 23, 2016, the Defendant received KRW 11,30,000 from the members of the fraternity at the above restaurant, and thus, the Defendant was obligated to pay KRW 11,1,300,000 to the victims E of the 15th fraternity designated as the recipient of the fraternity on the same day.

Nevertheless, the Defendant violated his duties and did not pay the fraternity money to the victim and consumed at will at that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 11,300,000,000, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, H, and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol with respect to E and G;

1. A complaint filed by E and a petition;

1. Application of Acts and subordinate statutes to each investigation report (to telephone investigation, suspect, case I, submission of a statement of F, hearing of witness J statements, review and report on suspicion of crime);

1. Relevant Article 355 of the Criminal Act and Article 355 (2) and Article 355 (1) of the Criminal Act (Voluntary occupation of ships and choice of fines) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted on January 23, 2016, with the consent of the fraternity members on November 23, 2016, the Defendant agreed to sell “10 million won 26 c. c. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.) to the victim.

Therefore, since the 23-day guidance to which the victim was enrolled is not in existence due to the strike, there was no duty to pay the guidance to the victim.

2. Despite the collection of all monthly payments from the members of the fraternity, the legal share holder violates his duty and without a justifiable reason.