A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

The Defendant is a driver of a consignment vehicle, and from November 11, 2010 to November 10, 2012, the head of LH Chungcheongbuk District Headquarters prepared a real estate lease agreement with the victim B who is the owner of the building and the "real estate lease agreement based on the support of pre-paid houses, such as juveniles," and paid the victim KRW 35 million with the payment of the pre-paid subsidy to the victim.

On November 16, 2012, the Defendant received KRW 35 million from the Agricultural Cooperative Account (E) in the name of son F, the wife of the victimized party, and the said money was deposited from the injured party F. The said money was deposited into D’s account by mistake in return for the money to be returned to the side of the headquarters of the DaH (a contracting party) upon the expiration of the transition period.

While the Defendant kept the said money for the victim, he/she withdrawn KRW 1 million from November 16, 2012 to use it as director expenses. On November 23, 2012, the Defendant used KRW 7 million as the down payment for the sale and purchase of soft machines around November 23, 2012, and used KRW 2.6 million as the intermediate payment for the sale and purchase of soft machines around November 30, 2012; around November 29, 2012; used KRW 2.6 million as the repayment for the repayment of debt around December 21, 2012; used KRW 2 million as the repayment for the repayment of debt around December 21, 2012; used KRW 2.4 million for the repayment of debt with daily living expenses around December 26, 2012; embezzled KRW 3.5 million in total by means of voluntary consumption of debt, security expenses, and living expenses; and embezzled KRW 3.5 million in total.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of each police officer in relation to D or G;

1. Statement made by the police with regard to F;

1. “Recommendation of boys and girls to be eligible for support for the long-term charter fund”

1. The "real estate lease agreement under the support for pre-lease housing", "request for the return of deposit for pre-lease rental housing," and application for support for pre-lease housing;

1. Application of a copy of each bankbook;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;