The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

Public prosecutor (not guilty part of the reasoning of the judgment in the original trial) is not only KRW 30 million but also KRW 34.2 million in the amount of the guidance that the defendant has a duty to pay to the victim F at 21 times around February 2018.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the prosecutor's assertion (not guilty part of the reasoning in the judgment of the court below), the defendant's duty to pay the victim F with the 21-time guidance around February 2018 is not more than 30 million won, but not more than 34.2 million won, and the defendant's failure to pay it despite the existence of the duty to pay it, and can be recognized that the defendant took property benefits equivalent to 34.2 million won and suffered damage equivalent to the same amount to the victim. Thus, the prosecutor's assertion is with merit.

① The instant accounts consisting of 21 units, and the members are required to pay the accounts of KRW 1.5 million each month, and the remainder of the accounts, excluding the fraternity owners, should pay KRW 1.8 million with interest added thereto.

The defendant, who is the owner of each month, shall receive the payment and interest of the credit from the members of the other fraternity except for the source of the relevant sequence on the Time Day, and shall pay the credit to the members of the relevant sequence.

② The victim had two of the previous accounts of the instant fraternity, and received the previous accounts around March 2017 at a normal time.

③ Meanwhile, as stated in paragraph (2) of the facts constituting an offense in the lower judgment, the victim lent KRW 15 million to the Defendant, and agreed to receive interest of KRW 300,000 per month. In fact, the Defendant received interest by deducting KRW 300,000 per month the interest to be paid after the receipt of the previous accounts at KRW 10,000 per month.

(4) A victim shall receive the guidance money of the old account No. 21 on February 2, 2018. The amount of guidance money for which the defendant is practically obligated to pay to the victim is KRW 35.7 million in total.