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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From March 28, 2012, the Defendant was appointed as the general secretary of the Village Management Committee in Gangwon-gu, Gangwon-do, and has been engaged in the management of the Village Joint Fund.
Since around 2006, the above B received the national subsidy, which is the subsidy for the direct non-refluence in the area, from the static-gun, as the village joint fund used for the promotion of village revitalization practice, the preservation of farming land, and the improvement of the welfare of village residents.
After the Defendant was appointed as a general secretary, he was in the custody of the Defendant’s subsidies for direct non-exclusive payments in the Defendant’s agricultural bank account (C). On March 22, 2013, the Defendant withdrawn KRW 50 million out of the above subsidies from the office of the south of the Yag-gun, the Yag-gun, the Yag-gun, the Namcheon-gun, the Yag-gun, and used the subsidies for personal repayment, living expenses, etc.
As a result, the defendant embezzled the above national subsidy and used it for the purpose not subject to the direct and non-exclusive non-exclusive business.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D and E;
1. Application of Acts and subordinate statutes of each internal investigation report (attached documents, such as a written agreement on management of an inferior area, confirmation of a village joint fund management passbook), investigation report ( Results of execution of a warrant for search, seizure and verification of financial accounts), and investigation report
1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense, and Articles 41 and 22 (1) of the Act on the Management of Subsidies;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Reasons for sentencing selective sentence of imprisonment with prison labor;
1. The scope of the sentencing guidelines (the crime of occupational embezzlement) [the determination of the recommended area] below KRW 100 million [the scope of the recommendation area] basic area of embezzlement and breach of trust [the scope of the recommendation area] [the suspension of execution] from April to one year and four months [the main reasons for suspension of execution] - Unagreement - Unagreement - No effort has been made to recover damage from general reference (unlawful) and no criminal record of suspended execution or more
2. Although the Defendant, who was sentenced to a sentence, embezzled a large amount of KRW 50 million on April 201, 2013.