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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, from March 2005 to April 2008, was engaged in the management of the funds of the said victim while serving as the general secretary of the Victim C Commercial Building Protection Association (hereinafter “victim”).
On March 7, 2008, the Defendant collected KRW 28 million from one bank account (Account Number E) in the name of one bank account in which the operating funds of the victim are deposited at the point of the Seogdong in Gangseo-gu Seoul, Gangseo-gu, Seoul, and used KRW 5 million among them as the monthly rent deposit of the Defendant, and used the remainder arbitrarily in the repayment of the Defendant’s obligation.
In addition, the defendant from the above date and time to the same year
4. Until December 25, 2000, a total of KRW 37050,000 of the victim’s funds was consumed five times in mind, such as the written list of crimes.
The Defendant served as executive director of the Victim F Cooperatives from 2006 to 2008, and was engaged in the management of the Victim’s funds.
Around April 3, 2008, the Defendant embezzled KRW 43,791,700, in total seven times from April 3, 2008 to April 18, 2008, using the passwords and seals of the credit union G account in the name of the victim managed by the Defendant, using the personal seal of the credit union account in the name of the victim, and using the personal seal of KRW 4 million from the above account.
Summary of Evidence
1. The defendant's legal statement "2016 Highest 3291";
1. Statement made to D by the police;
1. A specification of transactions by single bank "2016 Highest 4778";
1. The police statement of H;
1. Details of entry into and withdrawal from accounts, details of entry into and withdrawal from accounts, application of statutes on copies of bankbooks;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.