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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a member of the Korea Agricultural Cooperative Association established for the purpose of producing and shipping agricultural products in Yongnam Cancer Group C, and is a member of the agricultural branch of the Korea Agricultural Cooperative.
In order to supply agricultural products to AFE, the defendant must be holding the status of the agricultural cooperative member. On June 8, 2013, the defendant supplied the FFE under the name of AFFF Co., Ltd. D with the name of the FFF Co., Ltd. to the FFF wholesale store in Seoul Yangdong through the FFF branch in the name of DFF.
On June 12, 2013, the Defendant deposited KRW 20,303,760,000, which was supplied to Nonghyup as above, in the Agricultural Cooperative’s account (E) operated by it from the NAFF, and transferred the remaining KRW 3,303,760,00, which was part of the money to F, who was a broker for transactions between the Defendant and the victim, and arbitrarily used the remaining KRW 3,303,760,00 for personal purposes, such as living expenses.
In addition, from around that time to July 9, 2013, the Defendant received payment from the NAFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Each legal statement of witness I and F;
1. Examination protocol of the accused by prosecution;
1. Each police statement made to I and F;
1. The details of account transactions [it does not necessarily require that the consignment relationship in the crime of embezzlement is attributable to the owner’s consignment, and the consignment relationship is sufficient (see, e.g., Supreme Court Decisions 84Do2644, Sept. 10, 1985; 2009Do13751, Oct. 13, 201). According to the foregoing evidence, the Defendant’s judgment as a broker should be stated in F.