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

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

Punishment of the crime

The Defendant has been engaged in the accounting of the above Center as a victim C’s employee in Chuncheon City B from July 16, 2012 to September 30, 2016.

On January 11, 2016, the Defendant deposited 2,400,000 won of subsidies paid in the name of operating expenses, etc. at the office of the above center to the Agricultural Cooperative account in the name of the victim for the victim and used them for the purpose of personal repayment, etc. from around that time to September 12, 2016, by transferring 48,23,56 won in total to the account of the Defendant’s bank account in the name of the victim for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A letter of confirmation issued by the F;

1. Application of Acts and subordinate statutes to a full statement of transactions (two bank accounts in Korea);

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act with respect to the selection of punishment for the crime, comprehensively, selection of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act on the following factors:

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations type based on the sentencing criteria;

(a) Type 1 basic area of embezzlement and breach of trust: From April to April 1 - Where a significant damage has been recovered: Special aggravated factors - Where there is a very poor number of crimes - No criminal punishment history - General aggravated factors: Where embezzlement is committed;

(b) Suspension of execution: Suspension of execution / sentence - major reasons for negative consideration: In cases where the applicable law for crimes is extremely poor, agreement is not reached - major reasons for positive consideration: where significant damage has been recovered - there are no criminal records of probation or more, positive consideration;

2. The crime of this case in which the defendant, in the opportunity to deal with the accounting affairs of the victim, has embezzled the subsidy granted by the local government.