209 Highest 1836 Occupational embezzlement

1.(54-11)President of Daegu Subdivision;

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

Housing Daegu

Reference domicile

2.64-1D. (g)The Director General of the Daegu Branch Office;

Housing Daegu

Reference domicile

Western Changwon

Attorney (Presiding over the defendants)

September 29, 2009

Defendant A shall be punished by a fine of KRW 7,00,000 and a fine of KRW 2,00,000. In the event that the Defendants fail to pay each of the above fines, the Defendants shall be confined in the workhouse for the period calculated by converting each of the above fines of KRW 50,000 by one day.

Criminal facts

On February 5, 2005, Defendant A was elected as the president of the Association** the Daegu Branch of Association (hereinafter referred to as the “Association”). On February 2008, Defendant B, who is engaged in the business of managing and supervising the overall affairs relating to the operation of the Association until now. Defendant B, who is the director of the Association, is a person engaged in the business of managing and executing funds of the Association. Defendant B, who is paid as the director of the Association, an amount higher than the actual amount paid while executing subsidies granted by the Association from Daegu Metropolitan City, etc. on the ground that the Association’s membership fees are not operated by the Association, etc., paid the amount to be paid by the above Association. However, Defendant A intended to consume the funds for personal purposes by means of receiving the funds back

1. The Defendants conspired, from April 13, 2005 to October 15, 2008, remitted an amount equivalent to KRW 85,538,150 from the Association’s office to the Daegu Bank’s account, etc.*** The Daegu Bank’s account, etc.* The Defendants embezzled the amount of KRW 4 million from May 25, 2006 to February 23, 2009 by voluntarily consuming the amount of KRW 20,326,60 as stated in the attached list of crimes, while the Defendants kept for the Association.

2. Defendant A

The Defendant, at the office of the Association around July 19, 2006, received one cashier's check from the Association*****, as a donation to the Association, and kept it for the Association, and embezzled arbitrarily for personal use from Daegu Won-gu around that time.

Summary of Evidence

1. Defendants’ respective legal statements

1.* Each police statement of *

1. Application of Acts and subordinate statutes to the details of each deposit and withdrawal, copies of each passbook, each detailed statement of transactions, statement of deposit transactions, each borrowed account deposit, and the details of payment of each borrowed account;

1. Relevant legal principles concerning facts constituting an offense (defendants);

Articles 356, 355(1), and 30 of the Criminal Code

2. Selection of punishment (the defendants);

Selection of each fine (see, e.g., the primary offender, the entire return of the embezzled money, and the reflective fact)

3. Aggravation of concurrent crimes (Defendant A);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

4. Attraction in a workhouse (the defendants).

Articles 70 and 69(2) of the Criminal Act

Judges Doo