A defendant shall be punished by imprisonment for one year.

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

From January 1, 2014 to June 2017, the Defendant is the captain of the D fishing village fraternity located in Masan-si, Changwon-si, Changwon-si, Masan-si, who is in charge of overall management, such as management of public funds and expenditures of the fishing village fraternity.

Around March 31, 2015, the Defendant received KRW 500,000,000 from a branch of a fisheries cooperative to use for the purchase fund of a fish farm, from the Defendant’s account (Account Number: E) for the management of public funds of the fishing village fraternity, and kept it for the said fishing village fraternity. Around April 6, 2015, the Defendant withdrawn KRW 200,493,150 under the pretext of repaying the loan from the branch of a fisheries cooperative in the Chang-si, Chang-gu, Changpo-gu, Changpo-gu, Changpo-gu, Changpo-si and deposited KRW 200,493,150 under the pretext of repaying the Defendant’s repayment of the loan from the branch of the fisheries cooperative in his/her own account (Account Number: G), and thereafter, arbitrarily consumed KRW 190,481,644 by using the personal debt repayment at around that time.

On March 7, 2016, the Defendant continuously withdrawn KRW 200,000,00 on the name of repayment of loans from the point located in the Masan-dong, Changwon-si, Changwon-si and used KRW 70,023,907 on the account of the Defendant’s name (Account Number: H) and deposited KRW 59,212,786 on the Suhyup Bank account (Account Number: I) of the Defendant’s name, and KRW 20,763,307 on the account of his name (Account Number:J) and then arbitrarily consumed KRW 150,00,000 on the aggregate of KRW 129,00,000 on the personal debt.

Accordingly, the Defendant embezzled the sum of 340,481,664 won of the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to K and L;

1. Each report on investigation;

1. Complaint;

1. Application of the Acts and subordinate statutes e.g.;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of decisions] the crossing chief executive officer, the two types (one hundred million won to five hundred million won).