A defendant shall be punished by imprisonment for three years.

Punishment of the crime

1. Around April 2010, the Defendant in breach of trust was a person who, as a fraternity, took the victim E, etc. as a member of the fraternity, took up a number map consisting of 21 foot 10 million won. A.

On February 28, 2011, the Defendant: (a) received all fraternity payments from G located in Ansan-si, Masan-si; (b) thus, the Defendant, as the leading owner, was in violation of his duty to pay the fraternity payments to the victim who is the recipient of the fraternity payments; (c) obtained economic benefits equivalent to KRW 10,90,000,000 from the victim for personal purposes, such as repayment of debt, and suffered economic damages equivalent to the same amount.

B. Around March 31, 2011, the Defendant received all the fraternity payments from the fraternity members at the same place and around March 31, 2011, and thus, the Defendant, the transferor, even though there was a duty to pay the fraternity payments to the victim who is the recipient of the fraternity payments, acquired property gains equivalent to KRW 11 million by using them for personal purposes, such as repayment of debts, without paying the fraternity payments to the victim in violation of such duty, and caused property damage equivalent to the same amount to the victim.

C. On September 30, 201, the Defendant received all the fraternity payments from the fraternity members at the above place and around September 30, 201, and thus, the Defendant, the transferor, even though there was a duty to pay the fraternity payments to the victim, who is the recipient of the fraternity payments, was in violation of such duty, acquired property gains equivalent to KRW 11.6 million by using them for personal purposes, such as repayment of debts, etc. without paying the fraternity 11.6 million won, and suffered property damage equivalent to the same amount to the victim.

The Defendant, at the above place around November 30, 201, received all the fraternity payments from the fraternity members at the above place and around November 30, 2011. As such, the Defendant, as the fraternity, has a duty to pay the fraternity payments to the victim who is the recipient of the fraternity payments, but has a duty to do so.