A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from May 200 to July 2012, 200, worked as the Chairperson of W W Council, and W Council, around April 10, 2006, deposited KRW 80 million in the Central Saemaul Depository located in Daejeon, and the deposit owner’s name is placed in the name of the Defendant, who is the Chairperson of the Branch Council. When disposing of the property of the branch Council, the deposit owner was required to prepare a resolution with signatures and seals of at least 2/3 of the registered members of the board of directors at the time of the disposal of the property of the branch council. Accordingly, the Defendant had duties to preserve, maintain, and manage the funds of W Council KRW 80 million in accordance with the articles of association of the said branch council.

Nevertheless, as the operation of the mutual aid company operated individually is difficult, the defendant thought that the name of the deposit of the fund in the name of the defendant was used to receive a loan by taking advantage of the fact that the deposit is made in the name of the defendant.

On May 14, 2010, the Defendant created a pledge by providing the Central Saemaul Depository located in Dong-gu, Daejeon as security the deposit amount of KRW 80,000,000,000 to the Central Saemaul Depository, which was located in the Dong-gu, Daejeon, Daejeon, with the deposit amount of KRW 78-4, the Defendant borrowed KRW 20,000,000 for personal use.

As a result, the Defendant acquired property benefits equivalent to KRW 20 million in violation of the duty to preserve, maintain, and manage the above-mentioned clan Fund, and caused property damage equivalent to the same amount to the W W Religious Council.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol (including substitute part) against the accused;

1. Application of Acts and subordinate statutes on the loan application agreement;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) and (1) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the amount of damage is repaid and deposited, the fact that there is no previous conviction or more than the same kind of suspended execution or the fact that the amount is reflected);