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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who served as the president of F, who is a friendship group comprised of B, C and D, from February 2016 to September 2018.
1. The Defendant, while working as the president of the general meeting of the Victim F, engaged in the business of demanding the payment of annual fees to the unpaid members, and kept the annual fees paid from the members. On May 22, 2016, the Defendant: (a) withdrawn KRW 220,000 of the annual fees, which was transferred from members G to the agricultural cooperative account in the name of the Defendant from the non-permanent area of the Defendant on the following grounds; (b) embezzled by arbitrarily using them for personal purposes, such as credit card payments, etc. around that time; and (c) embezzled by arbitrarily using them from May 12, 2018, including the annual fees of KRW 880,000 in total five times from that time until May 12, 2018.
2. Fraud;
A. On January 10, 2017, the Defendant, at the victim F, made a false statement to the general secretary H, who manages the annual fee of the victim F, by phoneing the victim F at a closed place of not more than KRW 10,00,00, to the effect that “I would pay it if I wish to pay money from the annual fee of the Federation.”
However, the defendant had no property under the name of the defendant at the time, and was borne at least 4 million won per month only with the principal of the loan and overdue interest, and as he was absent from gambling, there was no intention or ability to repay the loan even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2,150,000 from the victim’s I to the account in the name of the victim, and received KRW 13,100,000 from that time until May 8, 2017.
Accordingly, the defendant was given property by deceiving the victim.
B. On March 13, 2017, the Defendant, against the victim J, etc., calls from the victim J to the victim J on the insected area of the racing around March 13, 2017 and lends the amount of KRW 1 million.