A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

1. Occupational breach of trust;

A. A. Around January 2008, the Defendant was engaged in the business of occupational breach of trust against the victim D, who was organized on or around January 3, 2008. Around January 2008, the Defendant was engaged in the business of KRW 10 million (payment on 30 days per month) organized at the Defendant’s home located in Guro-gu Seoul Metropolitan Government (payment on 30 days per month), and the 21-gu number fraternity, the monthly deposit amount of KRW 500,000,000,000,000,000 won. By January 30, 2009, the Defendant received all the deposit from the members of the above number fraternity by January 30, 2009, and therefore, there was a duty of KRW 12,000,000,000 to the above victim, who was scheduled to receive the deposit on the above date.

Nevertheless, the Defendant violated the above occupational duty and used the above fraternity for his personal debt repayment, etc., and did not pay 10 million won to the victim.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million, and suffered damages equivalent to the same amount as the victim.

(2) Around May 2008, the Defendant was engaged in the business of paying the limit amounting to KRW 10 million, organized at the Defendant’s home located in Guro-gu Seoul Metropolitan Government (payment on May 30), and KRW 21,000,000,000,000 in monthly payment, and was engaged in the business of paying the limit amount to KRW 10,000,000,000,000. By January 30, 2009, the Defendant was paid the limit amount to KRW 10,000,000 from the members of the above number system. Thus, the Defendant was engaged in the business as the owner of the said nine fraternity, which was scheduled to receive the limit amount to KRW 9,00,000,000,000,000,000 from the above number system.

Nevertheless, the Defendant violated the above occupational duty and used the above fraternity for his personal debt repayment, etc., and did not pay 10 million won to the victim.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million, and suffered damages equivalent to the same amount as the victim.

(b).