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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 30, 2012, the Defendant in breach of trust is an owner of a monthly payment of KRW 2 million and the 16 unit unit of the Gu, which is organized at E-cafeteria located in Gwangju-si D.

On January 30, 2014, the Defendant received KRW 21,400,000 in total from the fraternity members of the above successful bidder, and thus, there was a duty to pay KRW 21,400,000 to the victim F who was awarded a successful bid of KRW 28.9 million at the time.

Nevertheless, around February 5, 2014, the Defendant violated his duties, paid only KRW 10,000 to the victim, and did not pay the remainder of KRW 11,400,000 to the victim, and consumed it in mind with the Defendant’s repayment of the Defendant’s debt, etc. around that time.

Accordingly, the defendant acquired property benefits equivalent to KRW 11,400,000, and suffered damages equivalent to the same amount to the victim.

2. Around November 20, 2012, the Defendant organized a monthly payment of KRW 2 million in the above E-cafeteria, KRW 16,000,00 in total number of Gu units, and the successful bidder on November 20, 2012, around April 10, 2013, the Defendant organized a monthly payment of KRW 2 million in the above E-cafeteria, KRW 16,000 in total number of Gu units, and the successful bidder on April 10, 2013 in the above E-cafeteria, and around October 20, 2013, the monthly payment of KRW 2 million in total number of Gu units, KRW 16 in total number of Gu units, and the successful bidder on October 25, 2013.

As above, the Defendant, while operating the successful bid system, did not pay an amount of money in excess of KRW 215,00,00 in the amount of debt around October 20, 2013, as he/she purchased his/her creditor as a member of the fraternity and partly offsets the amount of money in advance, used a loan to cover the amount of money not deposited at time, or loaned a loan to him/her, and suffered losses. Around October 20, 2013, the Defendant’s repayment of the debt to KRW 215,00,00 was caused by G (two old shares, by October 9, 2013), H (two old shares, by October 30, 2013), and H (two old shares, by October 30, 2013), and one (one unit, and one unit, by August 30, 2013).