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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, from August 2010 to March 2014, worked as the head of the victim C’s office located in Namwon-si B, and was in charge of accounting affairs such as membership fees management.
1. Around 2011, the Defendant embezzled KRW 30,188,00 in total by arbitrarily consuming KRW 12 times from around December 27, 201 to around December 201, 201, including the consumption of membership fees paid by a member of the victim and KRW 9,026,00 for the World Headquarters Fund for the victim’s personal living expenses.
2. From October 4, 2013 to March 4, 2014, the Defendant, while managing the Agricultural Cooperative Account in the name of the victim and keeping membership fees, etc. for business purposes, he/she withdrawn KRW 600,000 at around that time and consumed it as personal living expenses. From October 4, 2013 to March 4, 2014, the Defendant embezzled KRW 2,880,000 on a total of ten occasions as shown in the annexed crime list 2 in the same manner.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A complaint;
1. Each fact-finding certificate;
1. Omission list;
1. Revenue:
1. Application of the Acts and subordinate statutes of a list of ordinary deposits;
1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);
1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):
1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;
1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. Application of the sentencing guidelines [determination of types] Embezzlement and Misappropriation, Embezzlement and Misappropriation, and no type 1 (less than KRW 100 million) (a special person] [a general person] aggravation factors: In the case of embezzlement, mitigation factors: No history of criminal punishment (a recommended field and a recommended sentence]; a basic area of punishment; a term of four months to one year and four months;
3. The criminal defendant who has been sentenced to punishment continues to commit the crime of embezzlement for a long time while serving as a victim;