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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From January 2012 to November 13, 2013, the Defendant served as the head of the victim C’s branch office, and has overall control over all the affairs of an association related to deposits, etc. kept in the said branch office.
On July 24, 2013, the Defendant: (a) around 11:27, at C Branch Offices located in Changwon-si, Changwon-si; (b) while keeping the funds of the Victim Association in the course of carrying out business, the Defendant was prohibited from withdrawing without permission any reasonable ground and procedure, such as deposits received from customers; (c) upon receiving a request for a loan from E that he/she became aware of from ordinary customers, the Defendant instructed F’s agent, who is a subordinate staff member of the Victim Association, to pay KRW 3 million into the wage account in the name of the Defendant, using the computer terminal installed in the above branch, to pay KRW 3 million to the Agricultural Cooperative account in the name of the Defendant for personal use.
In addition, from the above date to July 13:34, 2013, the Defendant deposited the total sum of KRW 22 million of the trial funds of the victim union six times in total, as shown in the list of offenses, and embezzled by using it for the personal purpose of the Defendant.
Summary of Evidence
1. Each legal statement made by the defendant on the fourth and fifth trial date;
1. Some statements of the suspect interrogation protocol of the accused prepared by the prosecution assistant;
1. Each written statement of H, F, and I prepared by the Prosecutor General of the Military Prosecutors' Office;
1. Written statements prepared by the J;
1. Investigation reports (Attachment to the A financial transaction statement related to this case);
1. Application of investigation reports (attached to gold accounts remitted after making payments without resources) Acts and subordinate statutes;
1. Articles 356 and 355 (1) of the Criminal Act, inclusive of the relevant Articles of the Act and the choice of punishment for the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and defense counsel regarding the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order shall withdraw the first three million won.