A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From January 1, 2014 to May 31, 2019, the Defendant is referred to as "D (hereinafter referred to as "D") to operate C, which is a victim's association located in Gyeonggi-gun B.

A) Around January 31, 2018, the Defendant was engaged in the fund management work at the D office. Around January 31, 2018, the Defendant embezzled KRW 32,682,00,00 for total amount of KRW 2,170,330 of the victim’s D operating funds to the D’s account in the name of the NH Bank (E) for the said victim, while the Defendant transferred KRW 2,170,30 to the F’s account in the name of the said victim, and then voluntarily consumed for the personal purpose at that time, from that time until December 31, 2018, as indicated in the attached list of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement G, each police's statement statement of H, the transfer processing results list, and the report on the results of the D Guidance Inspection conducted in 2019;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison 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 recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: The operating funds embezzled by the defendant for a period of two years after the suspension of the execution of six months is KRW 32,682,09, and the period of embezzlement is one year, and the criminal liability of the defendant is not weak;

However, the above circumstances are considered in favor of the defendant who committed the crime of this case, and the amount of damage was fully repaid, the representative of the victim wanting to take the defendant's wife against the defendant, and the defendant did not have any past record of criminal punishment prior to this time.