A defendant shall be punished by imprisonment for four 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

From April 2004 to March 31, 2016, the Defendant was in office as the head of Changwon-si Member C Lee Chang-si, the Defendant, from February 2, 2005 to June 2007, imported KRW 22 million as the village development fund from village residents D, etc. to the village development fund, and kept them by opening a term deposit in the name of the Defendant, and opened a term deposit in the name of the Defendant every year, and kept the said village joint operation fund for business purposes for the victim E-group by opening the term deposit again.

On December 21, 2015, at around 12:00, the Defendant embezzled KRW 26 million for the joint operation fund of the village owned by the victim to 13 households, including the Defendant, at the “G” restaurant located in the Changwon-si, Changwon-si, Busan, in the form of a fixed deposit as above, by arbitrarily dividing the amount of KRW 26 million to 13 households, including the Defendant, without the consent of all community residents, and then, embezzled KRW 26 million for the joint operation fund of the village owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of each statute on police statements made against H, I, J, K, D, or L;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to four months and up to one year and four months [the scope of the recommended punishment] and the basic area (up to one year and four months) (up to one hundred million won) of the category 1; and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The amount of embezzled money is not certain.

The favorable circumstances: The crime of this case is against the law.

The defendant did not acquire all the above money individually, but recovered the money that he paid from 8 households out of 13 households in criminal facts.