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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On May 2014, the Defendant in breach of trust: (a) had a duty to receive fraternity money from the fraternity members and to faithfully manage the fraternity money so as not to violate the purport of delegation by the fraternity members, and to pay the fraternity money to the fraternity members who were determined to receive the fraternity money on the date of promise, as well as to pay it on the date of promise.
Nevertheless, the Defendant violated his/her duties, and thus, from around that time to November 15, 2015, the Defendant did not pay to the victim, who was entitled to receive a total of KRW 19 million,00,000,000 from the victim D, for private purposes, such as receiving a total of three previous accounts from the victim D, and used to pay the Defendant’s personal debt after receiving the payment from the members of the fraternity, etc., for the personal purpose of the Defendant, such as using the fraternity for the payment of the Defendant’s personal debt. Around December 15, 2015, KRW 11,70,000,000,000,000 around January 15, 2016, and KRW 1,170,000,000,00 from around 15, 2016.
As a result, the Defendant acquired financial benefits equivalent to KRW 23,40,000,000,000 for the total amount to be received by the injured party, and suffered damages equivalent to the same amount to the victim.
2. Around September 17, 2014, the defrauded of the borrowed money: “If the husband lends money to the victim D in order to operate the gold-type manufacturing business, the husband shall pay the money within two to three months, and the interest shall be paid in two to two parts per month.”
However, in fact, the defendant has a personal debt amounting to 20 million won, paid the amount equivalent to 1.5 million won each month with a monthly payment, and even if he/she borrowed money from the damaged party due to no particular income, he/she did not intend to use it as the existing debt repayment and living expenses, and there was no intention or ability to use it as the corporate operating fund.
Nevertheless, the Defendant made such a false statement to the victim, and thereby belongs to the victim.