A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 2006, the Defendant is the subject of the number of 36 units of the old unit organized at the office of the Defendant located in Eunpyeong-gu Seoul, Seoul, and the said subject is conducted in such a manner that 15 members of the 15 community pay an old unit of money for 200,000 won and 35 months each (in the case of the month in which the fraternity is received, the month in which the fraternity is received shall not be paid), the Defendant shall pay the fraternity to the person who wants to receive the fraternity, and the person who received the fraternity money shall receive the fraternity money in such a way that 50,000 won are additionally paid per month from the following month.

At the end of December, 2008, the Defendant received KRW 8.3 million from the fraternity members (including the accounts to be paid by the Defendant; hereinafter the same shall apply), KRW 8.4 million from the fraternity members around the end of February 2009, and KRW 8.5 million from the end of April 2009, respectively, from the victim D, E, and F, who did not receive the fraternity payments. Thus, the Defendant had the duty to pay the said fraternity payments to one of the victims D, E, and F.

Nevertheless, the defendant did not pay the amount to the victims in violation of his duties and consumed it for personal purposes, such as repayment of the defendant's obligation, etc. at that time, thereby obtaining the total amount of KRW 25.2 million and causing damages equivalent to the same amount to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

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 scope of recommendation on the grounds for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing being taken into account during the period of probation) is four months to one year and four months.

While the defendant organized and operated the system, he did not pay the fraternity to the victims and used it for an individual purpose, and it is disadvantageous that the amount is not much.

However, the defendant shows his attitude against the first offense.