Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
From October 30, 2003 to October 30, 2003, the Defendant was working as the chairperson of the D Operation Council located in Jung-gu Seoul Metropolitan Government, and has been in charge of managing and paying expenses for sales and publicity from merchants.
[2016 Gohap 693]
1. On February 23, 2010, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), was requested by the F to lend KRW 1 billion from the F which operates the “E” (hereinafter “E”), which is a management company of D buildings, at the office of the above D Operation Council, and embezzled KRW 1 billion out of the promotional expenses kept in custody for the victim’s “D Operation Council,” by arbitrarily lending it to F.
2. Occupational embezzlement;
A. On September 30, 2010, when the Defendant received a request from F to lend KRW 400 million from F at the office of the above D Operation Council, the Defendant embezzled KRW 400 million from among the promotional expenses kept in custody for the victim as above by arbitrarily lending them to F.
[2016 Gohap 1313]
B. On September 5, 2008, when the Defendant received a request from F to lend KRW 300 million from F at the office of the above D Operation Council, the Defendant embezzled KRW 300,000,000, out of the promotional expenses kept on duty for the victim, by arbitrarily lending it to F.
(c)
The Defendant appears to have “promotional expenses” as stated in the written indictment for shop occupants on the ground that he/she personally paid money to the victim for his/her deliberation. As such, the Defendant appears to be a clerical error in the shop occupants’ expense, it shall be corrected and recognized.
On December 23, 2011, the office of the D Operation Council has embezzled KRW 24,00,000, out of KRW 27,463,568 of the salesroom occupants in the name of the Defendant’s bank account (G) for the victim, at his own discretion, to withdraw money. The summary of the evidence [2016, 693]
1. Partial statement of the defendant;
1. Each legal statement of the witness F, H, I, J, and K;
1. A protocol concerning the interrogation of a part of the prosecution against the defendant (F.