A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, on June 6, 2012, is the subject of the 47 old seat number system, which is 2 million won per 1 unit of the fraternity that started at a cafeteria located near Dongdaemun-gu Seoul Metropolitan Government C and D (E).

From June 4, 2012, the Defendant: (a) from around June 4, 2012 to the above cafeteria, the Defendant was the leader of the fraternity that, on the fourth day of each month, KRW 2 million per unit, KRW 300,000,000 per unit, and paid KRW 2,30,000,000 to the victim F, who was the cause of the fraternity that had the said cafeteria to receive the guidance money; (b) around January 4, 2016, the Defendant had the duty to pay KRW 98,00,000 to the victim F, who was the cause of the fraternity that had the said cafeteria to receive the guidance money around February 4, 2016, and had the duty to pay KRW 49,150,00 each to the victim G and the victim H.

Nevertheless, the defendant violated the above duties and did not pay the accounts to the victims, and used them without permission for repayment of the defendant's debts around that time.

Accordingly, the defendant acquired financial benefits equivalent to the sum of KRW 196,300,000,000 from the above accounts, and suffered financial damages equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A detailed statement of accounts;

1. Application of Acts and subordinate statutes to each statement of gold bullion;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The victims of the reasons for sentencing under Article 62(1) of the Criminal Act in the suspended sentence amounting to KRW 190,000,000 and the amount of damage is high.

However, the defendant is recognized to commit a crime, and the defendant has committed a mistake in depth.

Defendant is an initial offender who has no record of crime at all.

In this case, it is difficult to view that the defendant was unable to pay some amount of money in violation of his duty as a leading owner, and the illegal intent of acquisition is a firm planned crime.

The rest of the victims, except the victims, have been paid a normal guidance.

This situation is different from the defendant's age, health, and post-crime.