A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who received membership fees from the victim “C,” a middle school motive-friendly group from January 2, 2010 to January 2017, and was engaged in the storage and management of the members in cash or in D account under the name of the Defendant.

On January 24, 2011, the Defendant: (a) transferred KRW 5 million of the C membership fee in his/her occupational custody to E and used it for the repayment of his/her personal debt; (b) and (c) arbitrarily used 46 times in total from around that time to January 25, 2018, as indicated in the list of crimes in the separate sheet of crimes, and embezzled 50 million won for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on reporting materials, details of settlement of membership fees, etc. to the C general meeting, details of settlement of accounts, etc. on resolutions, etc. of 2017;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Scope of the recommended punishment on the sentencing guidelines [the types of decisions] embezzlement and breach of trust, Type 1 (less than KRW 100 million) (the scope of the recommended punishment] basic area, period of four months to one year and four months.

3. The sentencing factors specified in the arguments of this case, such as the defendant's age, environment, sex, motive for committing a crime, means and result, following the decision of sentence, shall be determined in full view of the sentencing factors specified in the arguments of this case.

The favorable circumstances: The defendant recognized his mistake and divided, and the defendant remitted the victim KRW 10 million on October 10, 2018 to recover part of the damage, and there is no record of criminal punishment in addition to the punishment imposed twice on around 2012.

In light of the frequency and period of the instant crime, the damage amounting to KRW 50,000,000, and most of the damage amount is not repaid, and the injured person is punished by the Defendant.