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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
"2014 Highest 1357"
1. On April 15, 201, the Defendant is the subject of a number map consisting of 35 million won c. 35 million won c. c. c., organized in E located in Yasan-gu, Jeonju-si.
On February 28, 2014, the Defendant received KRW 35 million from the members of the NA to the Defendant’s agricultural bank account. Accordingly, on February 28, 2014, the Defendant had the duty to pay KRW 4,418,00 ( principal KRW 35 million and interest KRW 9,180,000 ( KRW 270,000 x 34 months) to the victim F who was designated as the recipient of the payment of the fraternity around February 28, 2014.
Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim and consumed it by personal debt repayment, etc. around that time.
Accordingly, the defendant acquired the above 4,4180,00 won property benefits and suffered the same amount as the victim.
"2014 Highest 1404"
2. On April 15, 201, the Defendant in breach of trust: (a) around April 15, 201, the Defendant was in charge of the succession of KRW 35 million and the number of KRW 35 million organized in the restaurant of “E” in the name of “E” located in Busan-gu, Busan-si; and (b) the above number of the succession did not set the order of withdrawal for each month; (c) where there are several members of the fraternity who wish to receive the succession, the Defendant paid the guidance to the members of the fraternity chosen at will by the Defendant’s choice; and (d) where there are no members of the fraternity who want to receive the guidance, the payment of the succession was carried forward to the following month.
Since the Defendant received KRW 35 million from the members of the National Agricultural Cooperative around February 28, 2014 to the Defendant’s Agricultural Cooperative account, the Defendant had a duty to pay KRW 4,4180,000 [the principal amount of KRW 35 million and interest thereon (=270,000 won x 34 months)] to the victims G, H, and I designated as a recipient of the fraternity around February 28, 2014, respectively.
Nevertheless, the defendant did not pay the funds to the victims in violation of his duties and consumed all the funds carried over, including the funds carried over, by personal debt repayment, etc.
Accordingly, the defendant is the sum of the above amounts.