A defendant shall be punished by imprisonment with prison labor for four months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

around September 7, 2016, the Defendant recruited 22 members of the engineering team, such as the victim B, at the Ulsan-gu's trade incompetence house. From September 7, 2016 to June 7, 2018, the Defendant operated the successful bidder's successful bidder's successful bidder's successful bidder's 42 million won each month to pay the deposit amount after deducting an amount equivalent to the interest calculated by dividing the interest agreed to be paid by the successful bidder's successful bidder's 2 million won per unit by the remaining 21.

From September 7, 2016 to June 7, 2018, the Defendant received all the paid amount agreed by 22 members of the successful bid fraternity including the victim, and thus, even though there was a duty to pay the maximum amount of KRW 40,50,000 to the victim, who is the last order of successful bid, around June 7, 2018, the Defendant did not pay the deposited amount to the victim, in violation of his/her duty on the same day and did not pay the deposited amount to the victim, using the deposited amount of the other successful bidders operated by the Defendant, instead of paying the deposited amount of KRW 40,50,000 from the same day.

Summary of Evidence

1. Application of the police's protocol of statement B to the defendant's legal statement, investigation report (Submission of suspect's statement of account transaction), statement of account transaction in the agricultural cooperative account, statement of account transaction in ordinary deposit, documents printed out between the accused and the accused, and copies of contract document;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 (Article 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation (the scope of the defendant's liability

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be embezzlement and breach of trust [the category 1] below the 100 million won [the person who is a special person] [the scope of recommendation field and recommendation range] basic area, 4 months to 1 year and 4 months respectively.