A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on September 7, 2016 in prison for a special injury in the credit support of Suwon Friwon on August 30, 2016, and the judgment became final and conclusive on September 7, 2016.

[Criminal facts] From around 2011, the Defendant has been engaged in managing the property of the clan of the victim C (hereinafter “victim clan”) while serving as the general secretary of the Victim C clan.

On March 27, 2013, the Defendant: (a) obtained a loan of KRW 90 million from E to the business for the victim’s clan with the land owned by the victim’s clan as collateral; and (b) transferred KRW 1 million from the agricultural bank account in the name of the victim’s clan to the account in the name of F, which was located in the name of the branch; (c) voluntarily consumed from F for personal purposes, such as living expenses, by cash, etc.; and (d) from around that time to November 27, 2013, the Defendant spent KRW 1,725,00,000,00 of the clan funds kept for the victim’s clan eight times in total, as shown in the list of crimes in the attached Table, from time to November 27, 2013.

Accordingly, the defendant embezzled the victim's clan property while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. A copy of a bankbook and a statement of transactions;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of suspended sentence A of a suspect);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstance that the Defendant, who had been punished several times, including the same kind of crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, seems to have committed the instant crime at another time, and the amount of damage and considerable amount of damage would have been deposited into the victim’s account after the instant case.