A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From January 15, 2014 to March 31, 2015, the Defendant served as the head of the secretariat of the Victim D Association of 106, Songpa-gu Seoul building C, and was engaged in discovering E players, managing City/Do branches, executing budgets, etc. The Defendant was a person who has kept a new bank account in the name of the Victim Association where various funds, etc. are deposited, such as administrative expenses, personnel expenses, retirement allowances, etc. of the Victim Association.

On February 10, 2014, the Defendant was in custody of the victim by using a computer of the office in the above D Association office.

D Association's administrative operating expenses of KRW 699,50 have been transferred from the new bank F account under the name of the victim association to the bank G account of the defendant's name, and at around that time, the defendant has been consumed voluntarily for personal purposes, such as fine payment, personal debt repayment, living expenses, entertainment expenses, etc.

From that time to March 31, 2015, the Defendant transferred 4,454,753 won in total, including the administrative operating expenses, personnel expenses, retirement allowances, and tuition allowances of the victim association, to the personal account under the name of the Defendant, through the same method 16 times in total, as shown in the list of crimes in the attached Table of Crimes, and consumed arbitrarily for personal purposes in Seoul, etc. around that time.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. There is no criminal record beyond the grounds for sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding the crime, the fact that all of the crime of this case is led to confession, reflectiveness, and repayment of damage, and that there is a family member to support, etc. in favor of the defendant, shall be considered as normal circumstances favorable to the defendant.

However, the defendant committed repeatedly over 16 times for a period exceeding one year, and the total amount of damage exceeds 44 million won, and is social.