Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)

A 66, South

In new form (prosecutions) and transfer (public trial)

Attorney B

May 19, 2017

A defendant shall be punished by imprisonment for three years.

Criminal facts

The defendant is a member of AA (legal name**), who has been in charge of fund management under the above A from February 2, 2013 to February 2013.

1. Embezzlements related to women;

On November 23, 2014, the Defendant transferred KRW 10,000,000 to the Agricultural Cooperative Account (D) in the name of the Defendant and kept for the victim, 1,500,000,000 from the victim’s public funds deposited in the Agricultural Cooperative Account in the name of the said AA to the Agricultural Cooperative Account in the name of the Defendant. On December 3, 2014, the Defendant was kept for the victim, 1,50,000,000, out of the Defendant’s public funds deposited in the said AA’s Agricultural Bank Account (G).

It was voluntarily remitted under the name of the living expenses of the Council.

In addition, from that time until June 24, 2016, the Defendant arbitrarily used the total amount of KRW 1,930,800,000 for 101 times in total, such as E’s living cost, debt settlement, apartment purchase cost, etc. by the following methods:

2. Embezzlements related to entertainment expenses;

On November 23, 2014, the Defendant transferred 10,000,000 won to the above agricultural bank account under the name of the Defendant, which was deposited in the above agricultural bank account under the name of the Defendant. On November 26, 2014, the Defendant sent 2,50,000 won among them to the Busan bank account in the name of the Defendant. On November 26, 2014, the Defendant arbitrarily transferred 2,50,000 won to the H bank account under the influence of alcohol under the influence of alcohol.

In addition, from November 2, 2014 to June 29, 2016, the Defendant used 89,903,000 won in total on 48 occasions, such as the list of crimes (2) in a separate manner, as seen above.

Accordingly, the Defendant embezzled the sum of the public funds owned by the victim who had been on duty over 149 times by arbitrarily using KRW 2,020, 703, and 00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, F, E, and K

1. A detailed statement of each entry into and departure from the Republic of Korea, details of account transactions, text messages, and the contents of Kaxation, corporate register, etc.;

This paper, a record

Application of Statutes

1. Relevant Articles of criminal facts;

In general, Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 356 of the Criminal Act

§ 355(1)

Judgment on the Defendant and defense counsel's argument

The Defendant and his defense counsel argued that the Defendant, who was suffering from the illness, neglected to treat him and caused the instant crime in the state of mental disorder or mental disorder. As such, the Defendant and his defense counsel asserted that the Defendant caused the instant crime in the state of mental disorder or mental disorder, and that the Defendant was diagnosed by the evidence duly adopted by this Court and the records of the instant crime in October 2002, and that the Defendant was diagnosed by the Defendant before and after the instant crime, and that the Defendant continued to receive treatment from around that time to June 2007, and had the symptoms improved. In light of various historical circumstances, it cannot be said that the Defendant did not have or weak ability to discern things due to the depression at the time of the instant crime. Thus, the Defendant’s assertion as to the Defendant and his defense counsel is without merit.

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

[Scope of Recommendation Form]

Type 3 (not less than 50 million to less than 5 billion) Reduction Area (one year and 6 months to 3 years)

[Special Mitigation]

Members not subject to punishment

2. Determination of sentence;

On the other hand, the crime of this case was embezzled by embling the public funds set up by Defendant Lee Jae-do, who was in charge of the management of funds, etc. for a long period of time with the subscription money of Defendant Lee Jae-do, or by remitting them to women under the name of living expenses, etc., and the nature of the crime and the criminal situation are not considerably good, the damage amount exceeds 2 billion won, and the damage amount is almost less than 2 billion won, and the damage has not been recovered is disadvantageous to the Defendant.

On the other hand, the defendant is a primary offender, and the defendant has committed a crime against his depth while committing the crime, and the injured party wants the defendant's prior wife against the defendant, and there are favorable circumstances for the defendant, such as the defendant's health condition, age, character and behavior, environment, and circumstances after committing the crime, and the scope of recommended punishment according to the sentencing conditions and sentencing guidelines as stated in the argument of this case, shall be determined as per the disposition.

Judges Lee Dong-sik

Judges Kim Jong-soo

Judges Whitek