A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From March 2, 2004 to March 1, 2012, the Defendant is in the position of keeping the funds of the said fishing village fraternity in the course of business, while he is a fishing village fraternity located in Nam-gu Incheon Metropolitan City M.

D The fishing village fraternity shall not have any separate provision concerning the payment of retirement allowances for executive officers, and shall determine whether to pay retirement allowances for executive officers in accordance with the articles of incorporation of the fishing village fraternity in accordance with Article 47.

Nevertheless, on July 6, 2009, the Defendant embezzled KRW 8,050,000, out of the retirement allowances of the Defendant, who is an officer of the fishing village fraternity, to the Defendant’s account under his business custody without undergoing a general meeting’s resolution on whether or not the Defendant’s retirement allowances were paid at the above office of the fishing village fraternity, and embezzled it by arbitrarily using KRW 33,000,000 in total under the pretext of the interim settlement of retirement allowances of the Defendant and NN, an officer of the fishing village fraternity, from around that time to November 16, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of evidentiary materials);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Legal Proceedings (illegal in the scope of liability for damages) is not clear, and thus, the crime of embezzlement of KRW 33 million out of the funds of a fishing village fraternity kept by the defendant in the position of the chief of a fishing village fraternity without a resolution of the general meeting is not good;

However, all of the sentencing conditions, such as the Defendant’s age, environment, and family relationship, are as follows: (a) the Defendant led to the instant crime and fully repaid KRW 33 million; and (b) there was no record of the punishment heavier than the suspended sentence.