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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, from June 23, 2016 to July 5, 2017, was engaged in the management of the membership fees of the said alumni conference as a general secretary of the victim B’s general alumni conference.
On June 23, 2016, the Defendant was in the custody of the alumni fee in the account (C) in the name of the Defendant for the overall meeting of the victims. Around that time, the Defendant released KRW 45,000 from a Tong Young-si in mind at the daily meeting of the Defendant and consumed it for personal use, such as living expenses.
In addition, from around that time to July 5, 2017, the Defendant consumed the total of KRW 53,773,472 in the same way via the same 63 times in total, as shown in the attached list of crimes.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. A copy of a petition, audit report, or content-certified copy;
1. A copy of the transaction of entry and departure;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (with regard to the occupational embezzlement and universality) and the choice of imprisonment with labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court (decision of type) shall be limited to the scope of the recommended punishment according to the sentencing guidelines for the embezzlement and breach of trust [type 1]. The mitigated factors of less than KRW 100 million (specially punished persons]. Where the mitigated factors of punishment are not or significant damage has been recovered (the scope of the recommended area and the scope of the recommended punishment), the mitigated area of imprisonment with labor for one month
3. In light of the fact that the Defendant, who has taken advantage of his/her occupational position, embezzled the victim’s property over several times for a long time, and that the sum of which amounts to approximately KRW 53 million, the liability for the crime is not minor, but appears to have been agreed solely with the victim’s representative, the time of committing the crime, the fact that the Defendant is a primary offender with no criminal history, and the Defendant’s age, character, conduct, environment, and other facts.