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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On July 2013, the Defendant: (a) organized and operated a number system (15,00,000 won per month) number system (15,000 won per month) of 21 foot 10,000 won (15,000 won per month) using the victims B, C, and D, etc. from the first and second day of July, 2013 as a fraternity; (b) the victim B entered the above number system (15,000 won per month); and (c) the victim D was a member who subscribed to two old unit (5,17,000 won); and (d) C was a member who subscribed to the above number system (18,20,000 won per month).
1. On September 15, 2014, the Defendant received KRW 10 million from the members of the fraternity to the new cooperative account (E) and the Saemaul Savings Depository account (F) in the name of the Defendant, and thus, the Defendant was obligated to pay the said money to the victims B (n, 56 years of age) who were designated to receive the said money on the same day.
Nevertheless, the Defendant did not pay KRW 3 million to the victim in violation of his/her duties without paying the amount of KRW 3 million to the victim at his/her own discretion, and used it to pay his/her personal debt at around that time, thereby acquiring financial benefits equivalent to KRW 3 million and causing property damage equivalent to the same amount to the above victim.
2. Inasmuch as the Defendant received an advance payment from the members of the fraternity at a non-permanent and non-permanent place on October 2014, the Defendant had a duty to operate the said advance payment so that he/she can receive the advance payment on the pertinent date, even though he/she had a duty to operate the said advance payment so that he/she would receive the advance payment on November 15, 2014, the Defendant arbitrarily distributed the advance payment in violation of his/her duty while using it for the Defendant’s repayment of his/her personal debt and then arbitrarily distributed the advance payment on October 2014, thereby obtaining pecuniary benefits equivalent to KRW 7.5 million paid by the said victim and causing damage equivalent to the said amount to the victim.
3. The Defendant received an advance payment from the members of the fraternity at a non-permanent and non-permanent place on October 2014, and thus, the Defendant constituted C (n, 48 years of age) who concluded a mutual savings payment on December 15, 2014 and February 15, 2015, respectively.