A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

From around 2015, the Defendant had been in custody in the Agricultural Cooperative (C) account under the name of the Defendant, as the head of Gwangju City B.

1. On January 5, 2017, the Defendant arbitrarily transferred KRW 13 million out of the money of the village association, which was in his/her occupational custody, to the Agricultural Cooperative’s personal account (E) in the name of the Defendant, and embezzled at his/her discretion by using it around that time.

2. On May 9, 2018, the Defendant resided in Gwangju City FG G G, a personal building owned by the Defendant, in the French area of not more than Gwangju City D on May 9, 2018

He received a request from H for the return of deposit, and he arbitrarily sent KRW 15 million out of the money deposited in his business as above to H, and embezzled by sending additional KRW 24 million on May 12, 2018.

Accordingly, the Defendant embezzled the sum of KRW 52 million in the village conference.

Summary of Evidence

1. Preparing the revenue and expenditure statements of the defendant's partial legal statement A financial transaction statement, the settlement statement of village membership fees, and the settlement statement of village membership fees;

1. The details of financial account transactions [the defendant denies the crime described in paragraph 1 of the holding that it is merely a settlement of the Defendant’s advance payment of personal money in the expenditure place of village funds. However, the defendant’s assertion is difficult to accept unless there are any data or circumstances supporting the Defendant’s advance payment of personal money in the expenditure place of village funds, and the facts described in paragraph 1 of the holding are acknowledged based on evidence of the holding.]

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following conditions of sentencing are set forth in the following circumstances and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime.