The Defendant has been engaged in the business of collecting and disbursing the membership fees of the said friendship club from September 2012 to November 2013, 2013, as a general secretary of the Council B (afix C) which is a friendship club.

around November 2012, the Defendant arbitrarily consumed KRW 14,00,000,00 which was acquired from D, the former general secretary, and KRW 26,90,000,000 which was collected from 23 members, such as victim E, etc., who are members of the above friendship club from around December 31, 2012 to October 25, 2013, for the victims, KRW 38,377,00,00,000, which was kept in custody for business purposes, on account of debt repayment and living expenses.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the Membership List of Members and a certificate of borrowing, a letter, and A account;

1. Article 356 and Article 355(1) of the Criminal Code of the relevant criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommending sentence] No basic area (4 to 100 million won) [4 months and 14 months] of the punishment [the decision of sentence] [the amount of damage has not been recovered even if the amount of damage was not significant, the damage was not recovered, the victims did not receive a letter of apology, the fact that the victims are admitted to mistake on the other hand, and the fact that the first offender is the offender, etc. shall be determined as per the order.