A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 3,435,135 won to an applicant for compensation.

3.2

Punishment of the crime

[2012 Highest 276]

A. On April 15, 2010, the Defendant acquired the victim’s resident registration number and the password of the account in the name of the victim, and acquired the victim’s proprietary benefits by means of account transfer from the Defendant’s Agricultural Cooperative (Account Number F) account (Account Number) account in the name of the victim, even though the Defendant did not intend to transfer money from the victim’s account to the victim’s E in the name of the victim’s E., the Defendant made a false statement to the victim D, stating that “it is possible to receive money if the recipient of the basic livelihood security benefits is available, but if there is any money in the passbook in his name, it shall not be required to transfer KRW 30 million to the victim’s E., but 30 million to the victim’s account.”

B. The Defendant, a business embezzlement, from August 2009 to November 22, 201, is a person who has been engaged in the business of managing I’s public funds and revenues and expenditures as the head of Gyeonggi-si I.

From August 2009 to November 201, the Defendant was managing community funds for the victim I using the new cooperation account (Account Number J) in the name of the Defendant, and the Defendant’s agricultural bank account (Account Number H) in the name of G. On December 21, 2010, the Defendant terminated the said new cooperative account, withdrawn KRW 26 million, and arbitrarily consumed the village funds as personal debt repayment at around that time. From December 201 to November 201, the Defendant arbitrarily consumed KRW 7,435,135 out of the village funds deposited in the said agricultural bank account as personal debt.

Accordingly, the Defendant arbitrarily consumed KRW 33,435,135, which was kept in custody for the victim and embezzled it without the consent of the victim.

C. On January 28, 201, in order to deduct the victim’s deposit money from the victim’s house of Gyeonggi-si, Gyeonggi-do, 101, and to deduct the victim’s deposit money from the victim’s house of Dongcheon-si, 6 303.