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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
From January 1, 2015 to December 31, 2015, the Defendant served as administrative support and C with the strengthened Office of Education, and was engaged in the management of the membership fees of the pertinent Research Council as the victim “E” executive secretary who is a public official-friendly organization of the strengthened Office of Education D.
On January 2, 2015, the Defendant deposited KRW 14,205,201, which is the victim’s ownership, into the account of the Nonghyup Bank in the name of the Defendant and embezzled KRW 12,00,000 out of the above membership fees at the Nonghyup Bank located in the Seo-gu Incheon, Seo-gu, Incheon on January 26, 2015, and arbitrarily consumed it for personal purposes such as debt repayment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes on a copy of passbook;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Application of the sentencing criteria [Scope of recommending punishment] Type 1 (less than KRW 100 million) and the basic area (from April to January 4) (special person) of the sentencing criteria;
2. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) the amount of embezzlement as a crime committed by a public official who has been sentenced to punishment; (b) the fact that there is no record of punishment exceeding a fine imposed on the accused; and (c) the age, occupation, character and conduct, environment of the accused; (b) the details and motive leading to the instant