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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant organized 26 old unit numbers of 80,000 won in total, around May 20, 2015, and operated even number unit (13 old unit: 2,4,6,8,10, 12, 14, 16, 18, 20, 22, 24, and 26). The victim B and the victim C are the members of even number.
1. The Defendant received KRW 80,000,000 per month from May 20, 2015 to January 20, 2017 from 26 members of the 26 old accounts, respectively, under the pretext of an accounting deposit. As such, the Defendant had a duty to pay KRW 23,80,000 to the victim B, which is the cause of the guidance No. 22 on February 20, 2017.
Nevertheless, the Defendant did not pay the above fraternity money to the victim in violation of his duties and used it at will under the pretext of recovering the credit held by the other causes C, thereby acquiring the above fraternity money amounting to KRW 23.8 million and causing the same loss to the victim.
2. The Defendant received KRW 80,000 per month from 26 former members from May 20, 2015 to January 20, 2017, respectively, under the name of a fraternity deposit. As such, the Defendant had a duty to pay KRW 16,855,00 to the victim C, which is the cause of a fraternity No. 24th on April 20, 2017.
Nevertheless, the Defendant arbitrarily used the claim against the victim under the pretext of recovering the claim against the victim in violation of his/her duties, thereby acquiring property benefits equivalent to KRW 16,850,000, and causing damages equivalent to the same amount to the victim.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case as follows, B cannot be deemed as a member of the system operated by the Defendant. Rather, C, as an intermediary, was responsible for the receipt and payment of the said fraternity or fraternity as an intermediary.
Therefore, it is reasonable to see that the defendant is obligated to pay a fraternity to B who has joined as a fraternity through the intermediate fraternity C.
It is difficult to see otherwise.