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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

From January 1, 2013 to December 31, 2014, the Defendant: (a) was in charge of Leecheon-si passbook; (b) sought victim E who is a resident of the above village residing in Leecheon-si, Leecheon-si; and (c) on May 22, 2013, the Defendant stated that “The residents of the village should pay contributions in connection with the main supply of the C Village Urban Gas Pipelines Corporation; (d) KRW 4 million as contributions; (c) was transferred from the above victim to the Defendant’s bank in the name of the Defendant’s wife, the Bank of Korea (Account Number: G); and (d) was kept for the victim after receiving KRW 4 million from the Defendant’s creditor to the Defendant’s bank account (hereinafter referred to as the Defendant’s account holder): (c) arbitrarily withdrawn the remainder of the money from the Defendant’s creditor to the Defendant’s account and consumed it with the Defendant’s total account number of KRW 7,000,000 from around February 3, 2014.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to E, J, K, L, M, N, P, Q, R, S, T, V, W, X, and Y;

1. A complaint;

1. A written confirmation of the results of transfer of electronic financial services, details of transactions of automated machines, certificate of transfer, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach a detailed statement of transaction in a suspect A), investigation report (to attach a document of transaction in a passbook and a copy of confirmation of transaction details);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) (see, 2008Da1548, Jan. 2, 201) (see, 2008Da1338,