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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the fiscal head of the C church located in Yeongdeungpo-gu Seoul Metropolitan Government from January 2010 to December 2013, and has been engaged in the accounting and financial management of the above church.
On March 15, 2010, the Defendant transferred 28,630,000 won to an enterprise bank account (E) in the name of the Defendant in the name of the said church while conducting business for the said church, and used 2,49,695 won on the same day for the purpose of personal debt repayment, and transferred 1,000,000 won on the following day to the Korea Investment Securities to use for personal stock investment purpose.
In addition, from around that time to September 30, 2013, the Defendant arbitrarily used totaling KRW 245,066,985 by the same method over 18 times, such as the list of crimes in the attached Table.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The F’s statement;
1. Application of Acts and subordinate statutes on investigation reports (as to attachment of a list of crimes), details of passbook transactions by companies banks, details of passbook transactions by banks by the National Bank;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 2 (10 million won or more to 50 million won) (6-2 years) (special mitigation) in the mitigation area (6-2 years), in a case where punishment is not granted or significant damage is recovered [the decision of sentence] prior to the instant case, and the victim did not have the same criminal record prior to the instant case, and the victim