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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant, as the chairperson of the clan C (hereinafter referred to as the "C clan"), has overall control over the execution of the will of the clan and the financial management of the clan.
On May 13, 2015, the Defendant deposited and managed KRW 5,475,00,000,000,000 from the funds of the clan to the Agricultural Cooperative under the name of the Defendant in the Taeju-dong, Nam-gu, Gwangju, into the Agricultural Cooperative under the name of the Defendant. On April 6, 2016, the Defendant deposited and managed KRW 45,640,310 out of the above KRW 5,4750,00,000,000,000 to the Agricultural Cooperative under the name of the Defendant, and embezzled it at his/her own discretion by remitting it to the Agricultural Cooperative under the name of the Defendant, and using it as the Defendant’s living expenses, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about all savings transactions, a detailed statement of deposit transactions, issuance details by the real name or serial number of a check before himself/herself, transaction ledger by his/her own check number, deposit transfer slip, deposit deposit slip, personal check check sheet, deposit account check sheet, transaction ledger by his/her own check number, copy of a check before himself/herself, deposit check, deposit transfer sheet, receipt and use of a check, and a copy of a passbook;
1. Investigation report (the result of tracking checks issued in the name of each suspect);
1. Application of a unique number of Acts and subordinate statutes (D clans);
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;
1. Considering the favorable circumstances, such as the fact that the crime of sentencing under Articles 70(1) and 69(2) of the Criminal Act reflects the reasons for sentencing in the Nowon-gu, the fact that the amount of damage was returned and the damage was restored, the agreement was reached with the injured party, and the fact that the members including the complainant have submitted to this court a written application seeking a wife against the accused to the effect that the conflict within the Defendant was resolved smoothly after the closure of the pleadings, the punishment as set forth in the Disposition shall be determined by taking into account all sentencing factors indicated in the instant argument, such as the Defendant’s age, sexual behavior, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.