A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From May 2012, the Defendant organized and operated a number of 16 units of the former unit and 5 million to 5.7 million won with the victim B, etc. as a fraternity, and the victim joined the two number maps operated by the Defendant, one unit of which was the last unit.

The Defendant, around August 2013, had a duty of care to pay the sum of KRW 11,40,000 (5,700,000 per single number meter) to the victim, who is the last holder of the fraternity, because the Defendant, around August 2013, was fully paying the fraternity from the Government of Gyeonggi-si, 101, 1509, and from the members of the fraternity including the victim.

Nevertheless, the Defendant failed to pay the above amount to the victim in violation of his duties, thereby taking property gains equivalent to KRW 11,400,000,000 and suffered property losses equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the suspended sentence shall be determined as per the order, comprehensively taking into account the following factors: (a) there is no basic area ( April to January 14) [the special person] [the decision of sentence]; (b) the degree of damage and the amount of damage and reimbursement (3 million won); (c) the degree of damage and the amount of damage and reimbursement (3 million won); and (d) other factors such as the defendant’s age, character and behavior, environment, details of the crime