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

However, 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

The Defendant received KRW 28750,000 per month from 10 Korean bank passbook (Account Number:D) each 700,000 won per month under the name of the Defendant, including the victim C, from October 209 to February 20, 2012, from a general restaurant where the trade name of the location of the Gangseo-gu Office located in the Gangseo-gu, Seoul Metropolitan City is unknown, which is a common fraternity B and the Defendant organized with B, and the Defendant was not known, to a general restaurant where the trade name of the neighboring area of the Gangseo-gu Office located in the Gangseo-gu, Gangseo-gu, Seoul Metropolitan City, Gangseo-gu. Therefore, there was a duty to pay the amount of the fraternity to the victims according to the method prescribed in the attached Table.

Nevertheless, on March 20, 2012, the Defendant violated his duty, and did not pay an incentive to the victims on March 20, 2012, thereby causing property damage equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. The withdrawal of each complaint;

1. Application of Acts and subordinate statutes to investigation reports (Submission of materials, such as suspects, revocation of complaints, written agreements, receipts);

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Type 2 (100 million won or more to 50 million won) where mitigation area (6 to 2 years) [Special Mitigation] (the Decision of Sentence], the amount of damage in this case is large, and there are many victims, and there are many victims, it is not easy that the case is minor. However, the defendant paid a part of the amount to the victims, and the victims do not want the punishment, and the victims do not want the punishment. The defendant added community service work, and the circumstances before and after the crime were committed.