A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

The Defendant, who is engaged in the ebal farming industry in the Yananan-gun C, was paid a disaster subsidy of KRW 50 million from the Yan-gun in relation to the damage caused by the typhoon's impact on August 2012.

On October 4, 2012, the Defendant received remittance of KRW 50 million in the name of the disaster support fund from the victim Shinan-gun to the post office account under the name of the Defendant. On the same day, the Defendant discovered the transfer of KRW 50 million to the above account due to the mistake of the employees belonging to the victim, and subsequently, during the process of keeping the money for the victim, he wired the above money to the NA account under the name of the Defendant’s ASEAN, the Defendant used the money to pay for personal debt, etc., and embezzled it at his own discretion.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement by police in E;

1. Investigation report (to hear the statements by the relevant public officials related to the limit of amount of disaster subsidy);

1. A written confirmation of deposit transaction and details of damage facilities by person;

1. Notice of confirmation of the damage recovery project by typhoons No. 14 of 2012 and typhoons No. 15 of 2012, notification of confirmation of the damage recovery project by typhoons No. 14 of 2012, and notification of confirmation of the damage recovery project by typhoons No. 14 and typhoons No. 15 of 15, and application of statutes of the damage recovery plan by the area of typhoons lurbb

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62(1) of the Suspension of Execution of the Criminal Act (see, e.g., Supreme Court Decision 200,000 won in total, including the fact that the act of crime is recognized and against the act of crime, the embezzlement amount of KRW 4 million on Oct. 25, 2012, and KRW 1 million on Nov. 29, 2012, and one million on Nov. 29, 2012) has been returned to the victim. In the relevant civil procedure (see, e.g., Supreme Court Decision 2012Da15051, Dec. 31, 2013) the settlement was made with the content that the victim pays KRW 46 million to the victim until December 31, 2013; the fact that there is no other penal power as well

1. Social service order under Article 62-2 of the Criminal Act;