Text
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
Defendant
B From January 2007 to June 30, 201, during the period from June 30, 201, B managed the affairs of a clan, including the execution of funds equivalent to 240 million won for the clans (hereinafter referred to as the “D”). Defendant A dealt with the management and the funeral system of the remaining clans from January 2001 to June 30, 201, excluding the execution of funds by the general affairs of the said clans, according to the direction of the chairperson.
Defendant
A around the April of 2007, at the F Office of Defendant B's operation of the Cheongdo-gun, Cheongbuk-do-dong, Kim Jong-do-si, Kim Jong-do-si, the need for money to be loaned even to the funds of the clans, due to civil criminal litigation cases related to the site of the construction of the G G in the Gyeongdong-gun, the Dong-do-dong, the Dong-do-dong, which he is in charge. The Defendants
Accordingly, on April 30, 2007, Defendant B transferred 30 million won to Defendant A from the Agricultural Cooperative Account (Account Number: H) in his own name, which arbitrarily contains the funds of this clan without the approval of the general meeting of clans, to the Daegu Bank Account (Account Number) account (J) of Defendant A, the wife of Defendant A, from that time until November 28, 2008, from that time to that time, 130 million won was delivered to Defendant A seven times as shown in the list of crimes in the annexed list of crimes, and Defendant A consumed the funds by living expenses, etc. around that time.
As a result, the Defendants conspired and embezzled Defendant B's arbitrary consumption of KRW 130 million on the part of the victimized clan owned by Defendant B while on duty.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of the witness K and B;
1. Application of the suspect interrogation protocol of Defendant A to the prosecution, and the suspect interrogation protocol of Defendants to the prosecution
1. Relevant Articles 356, 355 (1), and 30 of the Criminal Act: Defendants who choose to commit the crimes;
1. The defendants on probation: Judgment as to the defendant A's assertion under Article 62 (1) of the Criminal Act
1. The defendant A borrowed money of KRW 130 million from the defendant B, but that is, the defendant A borrowed money.