A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2013 Highest 2803] The Defendant is a leader of the victim C, etc. from July 201 to July, 201, the monthly payment of which is 1.2 million won, and the number of old units is 26 individual numbering lines.

On November 20, 2012, the Defendant received all the fraternity payments from the aforementioned fraternity members, and thus, there was a duty to pay KRW 36 million to the victim, who is the recipient of the fraternity payments No. 17, despite the fact that there was a duty to pay the fraternity payments in violation of such duty, thereby obtaining property benefits equivalent to KRW 36 million and causing property damage equivalent to the said fraternity amount to the victim.

[2013Kadan2861] From July 5, 2010 to August 5, 2012, the Defendant received total sum of 15 million won from the victim D who is the cause of the above number fraternity to the National Bank (E) account in the name of the Defendant, and despite the duty to pay KRW 15 million to the victim who is the cause of the above number fraternity, the Defendant violated the duty to pay KRW 26,000,000,000,000 to the August 5, 2012, and thereby acquired property gains and incurred property losses equivalent to KRW 15,50,000,000,000,000 to the victim who was the cause of the above number fraternity, due to his/her failure to pay the above amount to the victim in violation of his/her duty.

Summary of Evidence

[2013 Highest 2803]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (report on telephone statement which is the complainant), investigation report (report on the adjustment of deposit amount C) (report on the settlement of deposit amount which is the complainant);

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles 356, 355(2) and 355(2) and (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the defendant is the first offender for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and the facts agreed with the victim D are favorable circumstances, or the victim C.