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

[2019 Highest 1749] On February 20, 2018, the Defendant is an owner of the winning bid for the amount of KRW 10 million and KRW 20 old unit (one unit of KRW 500,000 and the period from February 2018 to October 2018) organized by the Defendant in the clothing sales store operated by the Defendant in Gwangju North-gu.

From February 20, 2018 to December 20, 2018, the Defendant received a total of KRW 11,000,000 from the victim C and B, which are the causes of the award of the contract from February 20, 2018, and accordingly, the Defendant received a total of KRW 11,00,000 from the victim C and B on 11 occasions. Therefore, the Defendant had the duty to manage the deposit so that the members would normally pay the deposit on the date of receiving the deposit, and

Nevertheless, the Defendant violated his duties and managed the fraternitys by inserting them into an account in which the individual living expenses, etc. are disbursed together, and used card payments, debt payments, etc. and did not pay the victims a total of KRW 11 million,000,000 to the victims, thereby obtaining financial benefits equivalent to the same amount and causing financial damage equivalent to the same amount to the victims.

[2019 Highest 1800] On June 15, 2017, the Defendant is the subject of the winning bid, which is KRW 10 million, organized by the Defendant in the clothing sales store operated by the Defendant in Gwangju North-gu, Gwangju-gu, and KRW 20,000,000 for the old unit (one unit, KRW 500,000 for June 5, 2017 to January 2019).

From June 2017 to November 2018, the Defendant received KRW 9 million from the victim E, which is the cause of the foregoing successful bid system, from the victim E, and thus, the Defendant had a duty to pay KRW 11.5 million to the victim, who was willing to receive a prize around December 2018.

Nevertheless, the defendant, in violation of his duties, incorporated the fraternity into an account that renders an individual living expenses, etc. and managed it, and failed to pay the fraternity to the victim by using card payments, debt repayment, etc. without paying it to the victim, thereby acquiring the same amount of proprietary benefits and the same amount as the victim.