Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a public official in charge of D duties in the injured national species C, and is a person in charge of the duties of inserting the seeds purchased from E (hull plants, barley, bean, and maths) in a static season, and sorting the seeds and foreign materials into refined products and by-products.

When the defendant collects seeds remaining in a static season after the static work, he/she must keep or dispose of the seeds in his/her own place of business, and appropriately stockpile and manage reserve quantity in preparation for damage or destruction of seeds in the course of distributing seeds.

Nevertheless, the Defendant arbitrarily disposed of F the seeds equivalent to KRW 250,40,00 for the total sum of KRW 8,852,080 from March 10, 2009 to August 13, 2012, while cleaning the neck and the remaining amount for each seed collected by the Defendant in the course of cleaning the static machine after the refining of the seeds, and received KRW 250,40,00 from the Defendant’s Nonghyup Bank account (Account Number: G) under the name of the Defendant for the same day, and used the seeds arbitrarily by receiving KRW 8,852,080 in total as the seed price from March 10, 209 to August 13, 2012.

Accordingly, the Defendant embezzled the seeds, which are property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A suspected transactions of accounts;

1. Application of the Act and subordinate statutes on Account Transactions (A);

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;