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.

Criminal facts

Since July 2014, the Defendant has been engaged in the duties of attracting and managing support payments to the victim Crogate in Mapo-gu Seoul Metropolitan Government as the chairperson of the above center for senior citizens.

On June 25, 2015, the Defendant: (a) deposited the support payments paid to the senior citizens’ clubs at the Diplomatic Conference in the account in the name of the E bank (F) in the name of the senior citizens’ clubs; and (b) used them for personal purposes, such as hospital expenses, at the time of the day in Seoul Metropolitan City; and (c) used them in the same manner at the time of 46 times from the day to July 28, 2018, such as the list of crimes (attached Form) in the same manner as the list of crimes, and embezzled them.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the police officer in G and a copy of passbook;

1. Investigation reports (verification, etc. of support payments transfer accounts in the Diplomatic Association);

1. Investigation report (execution of a warrant of seizure 2019-8642);

1. A report on internal investigation (verification of the details of support payments, etc.) and a case of bank remittance records for support payments for the C senior citizens;

1. Application of statutes, such as the provision of financial transaction information and specification of transactions;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 356 and 355 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [decision of types] Embezzlement and Misappropriation: There is no type (less than KRW 100,000) (the area of recommendation and the scope of recommendation] (the area of recommendation and the scope of recommendation), basic area; April to April;

3. Determination of sentence: The amount of six months of imprisonment and one year of suspended execution [unfavorable circumstances] that the defendant did not prepare and has not recovered from the damage properly (contributed circumstances] the defendant returned 2.35 million won of the support payments remaining after the defendant has retired from the position of the chairperson of the senior citizen center, the defendant repents his mistake, has no same power as the defendant did, there has been no punishment after a fine in 2005, and the evaluation of the damage to the defendant by the members of the senior citizen center has not been strong.