Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the head of Pyeongtaek-gun B Village.

The Defendant, from January 16, 2014 to December 31, 2016, took charge of the management expenses, including electricity charges, by walking the village water from the victims who reside in B, who live in B.

The Defendant embezzled 6,20,000 won for personal purposes over 13 occasions from the above date to March 5, 2016, as shown in the list of crimes, while the physical income received from the victims was deposited into the Cbank Account in the name of the Defendant and kept for the victims. In addition, around March 16, 2014, the Defendant embezzled 6,20,000 won for personal purposes from the above date to March 5, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Application of Acts and subordinate statutes to investigation reports (in case of preparing a suspect A suspect interrogation protocol, accompanied by evidentiary materials), investigation reports (in case of submitting details of payment of electric charges of a suspect and detailed statement of deposit transactions);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant used the C Bank Account (H; hereinafter “instant account”) in the name of the Defendant for the purpose of personal deposit and withdrawal of funds, other than the Village Water Tax Account. The Defendant, at the end of each year, has settled and managed the excess and excess of the water supply income and expenditure. Therefore, there was no intent to embezzled village Water Tax Revenues.

2. Determination

A. The intent of unlawful acquisition in the crime of embezzlement refers to an intention to dispose of another person's property in violation of his/her occupational duty, such as his/her own property, for the purpose of seeking the benefit of himself/herself or a third party, and has an intention to return, compensate or preserve it later.

The intent of illegal acquisition or embezzlement is also the criminal intent of embezzlement.