A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

1. On August 15, 2008, the Defendant in breach of trust organized a bank account consisting of 21 foot 10,000 won (50,000 won per month per month, and 600,000 won per month after receipt of fraternity).

On April 18, 2010, the Defendant received KRW 11,700,000 from the fraternity members at the Defendant’s residence located in Busan Southern-gu, Busan-gu around April 18, 2010. Therefore, the Defendant was obligated to pay KRW 11,70,000 to the victim C, which was designated to reduce the amount on the same day, because the Defendant received KRW 11,70,000 from the fraternity members.

Nevertheless, the defendant did not pay the above money to the victim in violation of his duties and consumed it by the defendant's personal debt repayment around that time.

B. Around May 18, 2010, the Defendant committed the crime, around May 18, 2010, received KRW 11,800,000 from the fraternity members at the above Defendant’s residence, and thus, on the same day, the Defendant was obligated to pay KRW 11,80,000 to the above victim, which is the cause of the 21st fraternity designated as the insurer, for the same day.

Nevertheless, the defendant did not pay the above money to the victim in violation of his duties and consumed it by personal debt repayment, etc. around that time.

As a result, the Defendant acquired financial benefits equivalent to the total amount of KRW 23,500,000 in violation of his duties, and caused damages equivalent to the same amount to the victim.

2. Around January 24, 2013, the Defendant damaged the television owned by the victim, beyond the floor, so that the expense for repair in the market price was destroyed by destroying the television owned by the victim, on the ground that: (a) at the inside room of the victim E’s residence located in Seodaemun-si D and 2, the victim was not contacted for five (5) days with the victim living together; and (b) the victim was able to go to China from the surrounding persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and C;

1. Application of statutes on field photographs;

1. Relevant Article 355(2) and (1) of the Criminal Act and Article 355(2) of the Criminal Act for the selection of criminal facts;