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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
The Defendant served as an executive secretary of “C” (the chairperson D) established for the purpose of a regional business development project, etc. from January 2005 to September 2012 and was in charge of financial affairs, such as monetary deposit and withdrawal.
From February 7, 2011 to August 6, 2012, the Defendant embezzled a total of KRW 45,517,440 as follows.
1. Crimes related to the cancellation of regular deposit;
A. On February 7, 2011, the Defendant voluntarily consumes KRW 30,000,000, out of KRW 31,932,309, which was deposited in the post office account (Account Number E) in the name of the victim after cancelling a periodical deposit in the name of the victim at the post office located in the mountain of the Si/Gun, U.S., U.S., U.S. on the part of the Defendant, for a private purpose by lending KRW 20,00,000 to F, around that time, while on the part of the victim’s business custody;
B. On April 4, 2012, the Defendant voluntarily consumed the amount of KRW 5,00,000 out of KRW 10,266,019, which was deposited in the said account in the victim’s name by cancelling a periodical deposit under the victim’s name at the said post office, and voluntarily consumed the amount of KRW 5,000,000, which was deposited in the said account on April 23, 2012, while being kept in the custody for the victim’s business, around that time, while lending it to the said F.
As above, the Defendant embezzled KRW 30,000,000 on a regular deposit account owned by the victim for business purposes.
2. Crimes related to land compensation;
A. On April 19, 2012, the Defendant voluntarily consumed the money for private use in the manner of using it for debt repayment and cost of living around that day while withdrawing the said money from the NA branch located in the mountain documents and keeping it for the victim, knowing that KRW 5,173,720 of the land compensation was deposited in the agricultural cooperative account in the name of the holder of equity interest from the head of the Dong-gun group G and H, the Defendant:
B. On May 11, 2012, the Defendant: (a) around KRW 5,173,720 for land compensation to the Agricultural Cooperative account under the name of JJ from the head of Susu-gun with respect to the said land.