A defendant shall be punished by a fine of 400,000 won.

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

Punishment of the crime

The defendant had been in charge of the general duties of the Senior Citizens' Council C from the end of April 2013 to the end of the same year.

5. During the first patrol officer’s internal repair relationship, the victim, who was placed in front of the above senior citizens’ center, embezzled the victim’s property by having D, who arbitrarily operated the secondhand goods while keeping six items, including one mining machine, ELID, one singing machine, one ample, one ample, one ample, one television, one measuring machine, and one measuring the body weight, and one measuring the body weight, etc. in the market value owned by the senior citizens’ association.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Partial statement of the witness F;

1. Investigation reports (the details of the prosecutor's direction);

1. A complaint;

1. A list of damaged articles;

1. Application of Acts and subordinate statutes to historical and damaged photographs;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the accused, as a general secretary of the elderly community, has been left alone in front of the elderly community center due to the inside repair of the elderly community, and the elderly community has taken the old articles free of charge in order to clean up the surroundings of the elderly community center. Thus, at the time, the accused did not have the intention of unlawful acquisition, and thus, the crime of embezzlement is not established.

2. The expression of intent of unlawful acquisition in the crime of embezzlement means that a person who keeps another's property refers to an intention to dispose of another's property, such as, in fact or by law, in violation of his/her occupational duty, for the purpose of pursuing his/her own interest or a third party's interest, he/she does not necessarily have to obtain himself/herself, and the criminal intent in the crime of embezzlement is the same as his/her own property contrary to the intention of the entrustment.