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

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to a suspended sentence of three years on July 25, 2014 to a one-year period of imprisonment for fraud in the Chungcheong District Court Assistance, and the said judgment became final and conclusive on April 16, 2015.

【Criminal Facts】

On December 27, 2007, the Defendant established the E-Foundation (hereinafter referred to as the “victim”) which is a victim foundation by lending the name of spouse D on December 27, 2007, and then has been engaged in overall management of the property of the victimized corporation as the actual president of the victimized corporation.

Meanwhile, the Defendant has operated agricultural company G Co., Ltd. (hereinafter “G”) in 2011, separate from the damaged corporation.

1. On December 27, 2007, the Defendant deposited KRW 94 million as the basic property of the victimized Corporation into the agricultural cooperative account in the name of the victimized Corporation and stored for the victimized Corporation. On December 3, 2012, the Defendant arbitrarily transferred the said KRW 94 million from the G office to the G bank account in the name of the victimized Corporation, and used it for the purpose of repayment of G’s debt, payment of personnel expenses, etc.

2. From February 28, 2008, the Defendant: (a) had been managing the fourth-story building located in the name of the damaged corporation, which was the basic property in the name of the damaged corporation; (b) had caused disputes with the owner of the same plot of land and sold the said building to I for KRW 85 million; (c) thereafter, on January 28, 2014, the Defendant received KRW 84,290,000 in total from I for the purchase-price account in the name of the victimized corporation.

On January 28, 2014, the Defendant deposited KRW 81 million out of KRW 84,290,000,000, which was kept for the victimized corporation by the National Assembly member of Seocheon-si, with a cashier's checks, and used it for the purpose of repaying G's obligations, paying personnel expenses, etc.

Accordingly, the Defendant embezzled the total amount of KRW 175 million owned by the victimized corporation twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. The notice of the disposition pointed out as a result of the guidance and inspection by the public interest corporation;