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The defendant shall be innocent.
Reasons
The Defendant: (a) from August 201 to September 2013, 201, the Defendant organized and operated the number system of KRW 50,000,000 (the first half of the year), KRW 26 of the old accounts, and KRW 2,500,000 for the first time of payment (2.5 million after the receipt of the accounts); (b) the victim C, along with D, opened a half of the above number system at the 25 unit; and (c) from August 201 to October 2012, the Defendant paid the sum of KRW 15,00,000 per month to the Defendant through D’s account; and (d) from November 201, 2012 to July 2013, the victim solely paid the sum of KRW 90,000,000 per month to the Defendant.
The Defendant, as a leader by August 10, 2013, received fraternity payments from the members of the fraternity, including the victim, until August 10, 2013, there was a duty to pay KRW 30,500,000 (the KRW 61,00,000,000) to the victim, who was the one half of the previous accounts, designated at the intervals of paying the fraternity payments on the same day.
Nevertheless, the Defendant paid only 16 times the said D’s payment, and the Defendant did not pay the remainder of KRW 21.5 million (=305 million - 9 million) by paying only KRW 9 million directly paid from the victim on the ground that the Defendant did not perform his/her guarantee obligation for the payment of the accounts in another fraternity where the Defendant is a leading shareholder (i.e., the Defendant).
As a result, the Defendant violated the above duties, thereby acquiring the above 21.5 million won proprietary benefits, and causing damages equivalent to the same amount to the victim.
Judgment
If the sexual members of the fraternity who did not pay the unpaid amount and the breach of trust reverse the basic agreement of the fraternity, then they do not have an obligation to pay the fraternity to them. However, since the settlement between them remains only a problem, it cannot be said that the fraternity did not pay the fraternity to the above fraternity, it does not constitute a breach of trust as long as it does not constitute an act in violation of the duty.