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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2. The defendant pays 259,509,973 won to the applicant for compensation. 3.
Reasons
Punishment of the crime
The Defendant, from February 1, 2014 to December 31, 2015, has been in charge of the duties of the head of the Employment Support Center for the Victims C, which is a victim of the Gun, Chungcheongnambuk-do, and has been in charge of the duties related to job support for the elderly.
Since January 1, 2015, the Defendant, while taking charge of the business of '988 Social Welfare Key', which is a job creation business for senior citizens, received business subsidies from the Gun and kept in custody for business purposes. From March 6, 2015, the Defendant transferred KRW 8,000,000 to the Korean Investment Securities FF account in the name of the Defendant’s father’s father’s E within the above employment support center office, and used it for the purpose of stock investment, as well as 110,000,000 won on the same day.
4. around 13. 200,000,000 won, and the same year.
6.5. Minority 21,590,000 won, and the same year.
7.2. around 11,400,000 won, 1,500,000 won, 2,400,000 won, and the same year.
8. 21 around 21. 4,600,000 won, and the same year
9.3. Around 10,000,000 won and around 70,000,000 won around October of the same year were transferred to the said Korean Investment Securities Account, and used 439,490,000 won in total in mind for the purpose of stock investment.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the police officer in G;
1. Statement made to H and I by the police;
1. Application of laws and subordinate statutes, such as the accusation, details of transactions (No. 2, No. 13 of evidence), inquiry into the withdrawal account, guidelines for promoting the project “98 Pedestrian Welfare Key,” and details of subsidies granted
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution / [the scope of recommended punishment] Type 2 (100 million won or more to less than 500 million won) in the basic area (1 to 3 years), [no person who has a special sentencing factors] [the decision of sentence] below the defendant’s age, occupation, sex behavior, family relationship, circumstances before and after the crime, etc., the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as shown in the records.
- the favorable circumstances - mistake.