Text
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who has been engaged in the management of the management expenses of the above loan from the Busan BB lending to August 3, 2018 when he was in charge of the management agency duties from around 2008 to August 3, 2018.
Around December 29, 2015, the Defendant used 360,000 won in total for personal purposes, including when he voluntarily consumed 300,000 won as a fine for the Defendant’s assault case, at around that time, at a place where the location is unknown, for the purpose of the above lending residents, such as the victim C, at which the Defendant used 360,000 won for a total of three times from that time until February 9, 2018.
Accordingly, the defendant embezzleds the victims' property in breach of their occupational duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the management expense account books and receipt statutes;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the recovery of damage was made and the fact that the mistake is against each other);