A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. From June 2016, the Defendant in breach of trust organized and operated the 30 million won and the 21 sequences of old accounts, organized at the “C” restaurant operated by the Defendant’s spouse located in Silung-si. A.

On July 2017, when the Defendant received KRW 30 million from the members of the fraternity at the above restaurant, the Defendant received KRW 130 million from the members of the fraternity on the same day, the Defendant did not pay the total sum of KRW 15 million to the victims D and E, each of which was awarded a successful bidder on the same day, but did not pay the total sum of KRW 30 million to the victims, and did not pay the total sum of KRW 30 million.

B. On February 2018, when the Defendant received KRW 30 million from the fraternity members at the above restaurant, the Defendant violated his duty to pay KRW 30 million to the victim F, who was awarded a contract by the fraternity receipter on the same day, and thereby, did not pay the fraternity to the victim, thereby acquiring pecuniary gains equivalent to KRW 30 million and suffered pecuniary losses equivalent to the same amount from the victim.

2. On December 16, 2016, the Defendant stated that “The Defendant would pay money to the victim F at the above restaurant, but would have paid money if he/she had received money from another fraternity in the following month.”

However, the Defendant, at the time, did not reach KRW 70 million, and even if he/she borrowed money from the victim due to the fact that he/she has to repay other debts first, he/she did not have the intent to repay the money.

Nevertheless, the Defendant, by deceiving the victim, remitted KRW 5 million from the victim, and received cash KRW 5 million on March 2017, and acquired KRW 15 million on April 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's statement concerning the F;

1. Each police officer for F, D, and E.