A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant is a person in charge of financial affairs, such as the receipt and disbursement of Ciplomatic Association (hereinafter referred to as the “C Educational Association”) to the head of the C Educational Association against Victims.

On February 25, 2008, the Defendant received 11 billion won from the victim to the national bank account in the name of E in terms of the purchase cost for apartment occupancy right, and embezzled the amount of KRW 30 million on February 27, 2008, and KRW 71 million on March 19, 2008, in the course of performing his duties after arbitrarily remitting it to the agricultural bank account in the name of G Co., Ltd. operated by the F, Ltd., the Defendant, at the office of the Gangdong-gu Seoul Metropolitan Council, with the expense of purchasing apartment occupancy right.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. The prosecutor's statement concerning H;

1. Memberships and membership cards;

1. Each specification of transactions;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to details of passbook transactions);

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the choice of a sentence, grounds for sentencing of imprisonment [the scope of recommending sentence] types 2 (not less than KRW 100,00 but less than KRW 500), the basic area (one to three years) [the decision of sentencing], and there are no criminal records not less than a suspended sentence, etc. are favorable circumstances.

However, when the defendant is in charge of financial affairs as the head of the C church, the defendant embezzled large church money and does not constitute a crime, did not recover damage, and does not seem to have any intention to recover damage (the defendant submitted an agreement with I, it is doubtful whether I is the legitimate representative of the C church, and even if the agreement is true, it is judged that the sentence of punishment is reasonable unless the damage is recovered), and all other sentencing conditions such as the defendant's age, environment, details of the crime, circumstances after the crime, etc. shall be determined as ordered.

However, as the head of a church, the true reflect and recover from damage.