A defendant shall be punished by imprisonment for four years.

Punishment of the crime

The Defendant: (a) from August 23, 2005 to December 23, 2009, deposited KRW 400,000 per share of Eunpyeong-gu Seoul Metropolitan Government from August 23, 2005 to December 23, 2009; (b) 23 days from August 26, 2006 to April 26, 2010; and (c) 26 days from March 21, 2008 to April 26, 201; and (d) from March 21, 2008 to April 21, 201, the Defendant received KRW 450,000 per share of KRW 40,00 from each share of the victims; and (d) paid the monthly amount from March 21, 2008 to June 21, 201 to each share of KRW 21 as the recipient’s receipt and payment of the monthly amount.

Nevertheless, the Defendant, in violation of his duties on November 23, 2009, escaped around that time and did not pay the guidance money to the members, and thereafter, did not pay the guidance money to the total 25 members of the victims who are all of the 23th day limit, 26 days limit, and 21 days limit as shown in the List of Crimes (1) through (3), thereby obtaining property benefits equivalent to the total sum of 1,02,825,000 won and suffered damage equivalent to the same sum for the victims.

Summary of Evidence

1. Each police statement of C or D;

1. Application of the provisions of the Acts and subordinate statutes concerning A-suspects shall be made, such as a complaint, an inquiry sheet about details of requests for unfair transactions, certificates of performance of each deposit transaction, details of account transaction, investigation reports (in addition to a victim), and

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the scope of punishment] shall be the basic area of embezzlement and breach of trust [the type 3], the amount of more than 50 million won, less than 5 billion won [the recommended area and the scope of recommendations], and imprisonment.