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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
From November 1, 1995 to March 18, 2020, the Defendant worked as an employee of the Victim C Association (hereinafter referred to as “victim Association”) with its head office located in Samsung-si from around November 1, 1995, and was in charge of receipt, deduction, receipt, and disbursement. In particular, from around August 30, 2013, the Defendant was in charge of the above duties while working in the mutual financing division of the Victim Association.
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) has an occupational duty to not inflict damage on the victim union, such as making a normal deposit or paying it to the victim union at the request of the deposit manager, and not arbitrarily withdrawing a deposit deposited in the account in the name of the deposit owner.
Nevertheless, on November 5, 2013, the Defendant arbitrarily released KRW 80,000,000 from the account in the name of another deposit holder E (F) and from the account in the name of G (H) around February 13, 2008 and used KRW 40,000,000,000 from the account in the name of another deposit holder, in violation of the above occupational duties, at the mutual finance department office and office of the victim association located in Cho-si, Young-si (B).
In addition, from November 5, 2013 to February 11, 2020, the Defendant voluntarily withdrawn the deposit amount of KRW 1,774,821,262 on a total of 102 occasions without the request of the deposit holders, as shown in the list of crimes (1) from around November 5, 2013 to around February 11, 202, and used it for personal purposes, such as payment of other deposits or investment of stocks.
As a result, the defendant acquired property benefits in violation of occupational duties and caused the same amount to the victim union.
2. The Defendant using a computer, etc. does not request the payment of money at the victim’s mutual finance and office around October 17, 2019.