Defendant shall be punished by a fine of KRW 100,000.

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

Punishment of the crime

The Defendant joined the mountain association as a member of C (C mountain association; hereinafter referred to as the “ mountain association”) and had been in charge of the financial management of the mountain association from January 2016 to October 201 of the same year, and kept the funds of the mountain association, such as membership fees, paid by the members of the mountain association, to the agricultural cooperative accounts in the name of the Defendant.

On November 23, 2016, the Defendant was demanded to return funds of the mountain conference kept in the account under the name of the Defendant from the president, etc. of the mountain conference while withdrawing from the mountain conference around November 23, 2016.

There was no explicit provision that members may receive the refund of membership fees already paid when they withdraw from the mountain association.

Nevertheless, the Defendant rejected and embezzled 630,000 won out of the funds of the mountain conference held by the Defendant for the members of the mountain conference by asserting that the amount of 630,000 won should be refunded out of the membership fees of the mountain conference paid by the Defendant, because the Defendant was almost not present in the mountain after joining the mountain conference.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect interrogation of the accused (including parts of each statement of D or E);

1. Statement made by the police against D;

1. Application of the rules of the mountain association (2016 amended), a regular financial transaction report (2013 to 2016), a detailed statement, a public notice of the change in the membership system of the mountain association, a list of members of the mountain association members, a copy of the financial account books of the mountain association in 2012 (including the initial details), a copy of the finance account books of the mountain association in 2013, a copy of the finance account books of the mountain association in 2014, a copy of the finance account books of the mountain association in 2014, and the Acts and subordinate statutes applicable to the mountain association;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A summary order is notified in consideration of the fact that the above members do not want punishment against the defendant by returning KRW 630,000 to the mountain conference during the period of trial for the reason of sentencing under Article 334(1) of the Criminal Procedure Act and by agreement with the members of the mountain conference.