A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the deputy head of the economic sales division of the Victim E Agriculture Cooperatives (hereinafter referred to as the “victim Association”) located in Yangju-si, who is in charge of the business of collecting the amount of five times of the mushroom, which was supplied from the Victim Association to the owner of the five farm, and then depositing into the Victim Association.

On September 2015, the Defendant received KRW 38,00,000 from F, the principal owner of F, F, the Defendant, from the Agricultural Cooperative in the name of F, the Defendant, to transfer KRW 38,000,000,000 to the Agricultural Cooperative (H) account in the name of the Defendant on September 23, 2015, and used KRW 6,000,000 for personal use, such as credit card payments and personal repayment, from around October 6, 2016, the Defendant arbitrarily used KRW 8,894,00,000 for personal use, in the same manner as the list of crimes in the attached Table, from around 10 times.

Accordingly, the Defendant embezzled the funds of the Victim E Agriculture Cooperatives.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and F;

1. Application of Acts and subordinate statutes to each detailed statement of deposit transactions, such as a detailed statement of deposit transactions, and a detailed statement of account transactions;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Determination of types of concurrent crimes between January and October [the scope of the recommended punishment] in the mitigated area (one month to October] in the category 1 (the scope of less than 100 million won) [the person subject to special mitigation] in the mitigated area, or in the case of concurrent crimes of the same kind between embezzlement and embezzlement where significant damage has been restored, the determination of types of punishment shall be made on the basis of the aggregate of the profits.

3. Determination of sentence: Six months of imprisonment, one year of suspended sentence, the following circumstances, and the ages of the defendants;