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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. On December 10, 2008, the Defendant’s occupational breach of trust related to “10-day number system” is a leader who organized and operated a 21-day number system (10,000 won per month) number system (10,000 won per month) at a restaurant where it is impossible to know the trade name located in Boan-si, Boan-si. The victim E is a leader who subscribed to the above number system (20), and the victim F is a leader who subscribed to the said number system (21).
Since the Defendant received an advance payment from the members of the fraternity during that period, the Defendant was obligated to pay the advance payment of KRW 11.8 million (including interest KRW 1.8 million) to the victims E who agreed to receive the advance payment on July 10, 2010, but did not pay it to the victims in violation of that duty, and consumed it for personal use, thereby obtaining pecuniary benefits equivalent to the advance payment and causing damages equivalent to the amount of the advance payment to the victims.
B. The Defendant received the payment from the members of the fraternity during that period, and even though the victim F, who was willing to receive the payment on August 10, 2010, was obligated to operate the said number system so that it can receive the payment on that date, the Defendant, in violation of his/her duties, arbitrarily transferred part of the payment out of the fraternity to the victim on July 10, 201, while consuming it with the business fund, thereby acquiring the pecuniary benefits equivalent to KRW 9.5 million paid by the victim during that period and causing damage equivalent to the same amount to the victim.
2. On June 20, 2009, the Defendant’s occupational breach of trust related to “20-day number system” is an owner who organized and operated a 21 unit number system (20,000,000 won per month) (20,000 won per month) in a restaurant where the trade name in Boan-si is unknown, Boan-si. The victim G purchased one unit (16), the victim H joined the above number system; the victim H joined one unit (17) in the above number system; the victim C subscribed two units (18,19); and the victim I subscribed to the above number system (20,000 won).