1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2010, the Defendant organized the Defendant’s house located in Geum-gu, Busan, 612 Dong102, 1002, 20,000 won, and 120,000 won, and 20,000 old accounts. The Defendant and the Defendant joined the above number system, 12,15, 18, 19, and 20 units.

Since the Defendant received an advance payment from the members of the fraternity around September 27, 2011, the Defendant had a duty to pay the advance payment of KRW 8.9 million to the victim, which was designated as the recipient of the advance payment on the same day, and on October 27, 2011, there was a duty to pay the advance payment of KRW 8.9 million to the victim, who was the cause of the advance payment, KRW 19 million.

Nevertheless, in violation of his duties, the Defendant did not pay KRW 16.7 million, excluding only KRW 1.1 million among the above-mentioned fraternitys, and arbitrarily consumed them for personal purposes, such as relative hospital expenses and director expenses.

As a result, the defendant acquired financial benefits equivalent to 16.7 million won, which should be paid to the victim by committing an act in violation of his/her duties as a person who administers another's business, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes governing the current status of transactions in advance, details of passbook transactions, and details of passbook transactions;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The non-guilty part of Article 62-2 of the Criminal Act

1. Around April 2010, the summary of the facts charged was around 2010, the Defendant organized 10,000,000 won from the Defendant’s house located in the Geum-gu Busan Metropolitan Government C apartment 612,102, and 20,000 won from the Defendant’s house. The Defendant and the Defendant joined 5 accounts at 12,15,18,19, and 20.

Since the Defendant received an advance payment from the members of the fraternity around September 27, 2011, the Defendant was designated as a recipient of the advance payment on the same day, the Defendant paid KRW 8.9 million to the victim who is the cause of the fraternity on the same day.