Text
A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
From 2007 to 2013, the Defendant was a person who served as the chairperson of the Village Development Promotion Committee in South Korea.
The D church located in the Namyang-si City sold the land owned by the above C to the FF farming association operated by the wife in this Chapter, and decided to contribute the above sale price of KRW 50 million to the victim village development promotion committee as the village development fund.
On September 5, 201, the Defendant received KRW 50 million from the above E to the Agricultural Cooperative Account under the name of the Village Development Fund.
While the Defendant kept the said money for the victim, he/she consumed 38 million won for personal purposes, such as repayment of his/her loan, living expenses, etc. between September 5, 201 and September 9, 2011, by withdrawing KRW 12 million from the French land on September 9, 2011 and consuming it for personal purposes.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement concerning G in the police statement protocol;
1. Application of each Act or subordinate statute on the details of each deposit transaction, copy of the passbook in the name of Nonghyup, and details of accounts in the name of Nonghyup A;
1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to as imprisonment with prison labor);
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] Imprisonment for five years or less [the determination of types] [the sum of gains] [the person who is subject to special sentencing]] mitigation of punishment in the group of embezzlement and breach of trust crimes] [the scope of recommended punishment] mitigation area: Not more than ten months (the person subject to general sentencing] mitigation area: Where it is not an occupational embezzlement or breach of trust: In the case of embezzlement or breach of trust, it shall be taken into account such factors as (i) the confession of a criminal defendant for two years under the suspension of the execution of six months, (ii) there is no identical criminal conviction, and (iii) agreement with the victim.