A defendant shall be punished by imprisonment for two years.

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

Criminal facts

The defendant worked as a bank member of the victim B association and was in charge of deposit and withdrawal.

On December 6, 2013, the Defendant voluntarily released KRW 20 million from the victim’s possession by using the deposit termination slip, which was prepared and kept by D at the time of the customer D’s subscription to the deposit termination deposit amount of KRW 20 million around May 14, 2013, and arbitrarily used the money by issuing a cashier’s checks and using it for living expenses, etc. around that time.

In addition, from around that time to December 28, 2017, the Defendant arbitrarily released the total amount of KRW 1.2836 million owned by the victim by taking advantage of the deposit termination slips that were held in the same way 24 times as shown in the attached list of crimes, and embezzled arbitrarily using living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the results of a special audit, fraud of customer deposits, and a list of slips of search for them;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 356 of the Criminal Act for the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) shall be limited to the scope of the recommended punishment (a decision of type) (a decision of type). The amount of embezzlement and breach of trust shall be not less than 500 million won, and the amount of less than 5 billion won (a special person): If the risk of damage is not substantially realized, the amount of punishment shall be exempted, or a significant damage shall be recovered.