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.

Punishment of the crime

The Defendant has been engaged in the storage and management of village public funds, such as village donations, as the head of the Dong-gun, Gyeongbuk-gun from January 2015 to February 2019.

On October 16, 2017, the Defendant embezzled KRW 2,300,00, out of the village funds kept for the Victim B’s Village for the purpose of the Victim B’s Village as the purchase price for the extended period owned by the Defendant’s individual. From around that time to March 2, 2018, the Defendant embezzled KRW 14,643,978, out of the village funds kept for the purpose of the victim for personal use for five times as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of investigation reports, documents on transactions in passbooks, etc. and investigation reports, and Acts and subordinate statutes;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

D. Unfavorable circumstances: The Defendant embezzled public funds equivalent to KRW 14,643,978 on five occasions from October 16, 2017 to March 2, 2018 while working as a village principal, and the nature of the offense is not good in light of the fact that the damage scale and trust in the management of community funds has been damaged.

The favorable circumstances: The defendant recognizes his mistake as the first offender, repents, and fulfills the damage.

The head of a Gun commendation has been given several prizes to contribute to the development of the local community while serving as this Chapter, and some residents do not want to punish the defendant by withdrawing a complaint against the defendant.