A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant, around October 2013, was the owner of the 20 million won and the number fraternity consisting of 20 million won and a total of 20 units, organized in the loss of mutual aid in Gwangju Dong-gu, Gwangju, Dong-gu, Gwangju, and the Defendant received KRW 1 million each month from the victim B from October 2013 to March 2015, and thus, the Defendant was obligated to pay KRW 20 million to the victim on April 28, 2015, which was designated as the recipient of the amount.

Nevertheless, the defendant violated his duty and arbitrarily consumed the fraternity money without paying it to the victim, thereby acquiring pecuniary gains equivalent to KRW 20 million, and suffered financial losses equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to certificates of deposit transaction performance and certificates of electronic financial transfer results;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, in light of the fact that the defendant's arbitrary consumption of the amount reaches KRW 20 million despite his duty to pay, and the damage therefrom is not significant, the punishment corresponding thereto shall be deemed inevitable. However, in light of the circumstances such as the fact that the defendant paid a total of KRW 6.2 million to the victim around September 2015, which was after the date of the prosecution of this case, and that the defendant has no same criminal power, the defendant has no same criminal power, and other factors such as the defendant's age, character, conduct and environment, the punishment shall be determined within the scope of 4 to 1 year and 4 months [the basic area of Type 1 (less than KRW 100 million) of the Sentencing Guidelines], which is recommended for the sentencing guidelines, and the execution of the sentence against the defendant shall be suspended only once.