Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

On November 23, 2012, the Defendant is the subject of a 21 number book of KRW 21,00,000,000, organized by the Defendant’s house located in the former Northern-gun C.

The victim D paid a total of 15 million won per month from November 23, 2012 to January 23, 2014 as a member of the above number fraternity No. 19, respectively.

The Defendant received KRW 20 million from the members of the above number fraternity around May 23, 2014, and thus, the Defendant had a duty to pay KRW 15 million to the victim, who was designated to receive the same day as the fraternity, except KRW 5 million, to pay KRW 15 million to the victim.

However, the Defendant violated his duty and did not pay the above guidance money to the victim, and then arbitrarily consumed the Defendant’s living expenses, etc. at the Defendant’s residence, etc., thereby obtaining pecuniary benefits equivalent to KRW 15 million, and incurred losses equivalent to the same amount to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of savings deposits and a list of fraternity members;

1. Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of a penalty) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The main point of the argument was that the victim had already been in the state of strike due to the failure to pay the fraternity, and thus, even if the defendant did not pay the fraternity, it cannot be said that the defendant was in violation of his duty.

Even if the defendant is liable to pay the money,

Even if the Defendant received money from the victim, the Defendant offseted the Defendant’s debt.

2. In full view of the evidence duly adopted and examined by this court, the first number system was organized and operated by the method of returning the paid money to the fraternity upon the completion of the guidance even in the case where the fraternity has suspended the payment of the fraternity in the middle.