A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

From March 2007, the defendant was a person who had been engaged in the general affairs of the victim C clan, and the execution of the money of the above clan was not allowed to be independently by the defendant and allowed to be consulted with the clan.

On April 1, 2007, the defendant stated that he would withdraw eight million won in connection with the business of the victim's clan from E at the domicile of the victim's clan, which was located in Yeongi-gun, Chungcheongnam-gun, Chungcheongnam-gun, and that he would withdraw eight million won in connection with the business of the victim's clan, and he permitted it and affixed E's seal on the exit paper.

1. At around 10:31 on April 3, 2007, the Defendant embezzled the Defendant’s occupational embezzlement by arbitrarily using the Defendant’s personal purpose, instead of using it as a business expense for the victim, while withdrawing KRW 8 million from the Agricultural Cooperative Account in the name of Guro-gu Seoul Metropolitan Government (F) for the sake of the victim.

2. At the time and place under Paragraph 1, the Defendant: (a) committed an act as if he had been delegated to withdraw only eight million won by the victim to an employee of the Nonghyup who was not aware of the name of the victim; and (b) submitted a paper for withdrawal containing the same content to the said employee; (c) had the said employee of the said Nonghyup withdraw KRW 48 million from the said Nonghyup account; and (d) additionally received KRW 40 million from the victim, which was delegated by the victim to withdraw only eight million; and (e) had the said employee of the said Nonghyup withdraw KRW 48 million from the said Nonghyup account.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G, E and H;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Relevant legal provisions concerning criminal facts, Articles 356, 355 (1) and 347 (1) of the Criminal Act that choose the penalty, and the choice of imprisonment, respectively;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders, the amount of damage caused by the crime of this case, and the defendant did not make a change to the victim's clan, and the crime of this case.