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

Punishment of the crime

From April 2017, the Defendant has been in general control over the affairs of managing the funds of the union members as the head of the general affairs of the branch office of the Democratic Labor Union C, Youngwon-dong District Trade Union, which is the victim union.

While the Defendant received money from the members of each month from the victim cooperative to the victim cooperative account (D) and the securities account (E) in the name of the Defendant, and received money from the victim cooperative for the business purpose of the victim cooperative, the Defendant voluntarily consumed KRW 5,001,000,000, which was used as money for gambling in the account in the name of the Defendant’s name, from around 22:52 on November 6, 2017, from around 2017 to the bank account in the name of the Defendant’s Internet gambling site, from around 28 May 2018, the Defendant transferred money from the victim cooperative to the new bank account in the name of the F Bank in the name of the Internet gambling site, and then arbitrarily consumed KRW 134,535,450 by the same method as shown in the list of crimes in the attached Table, for personal purposes such as gambling funds and living expenses.

As a result, the defendant embezzled the property of the victim association, which was under the occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Investigation report (in cases of attaching additional data submitted by a complainant), - Details of transfer, disbursement books, accounting of mutual aid membership fees in 2018, accounting books for expenditure, and arrangement of the CMS supporters' association in 2017;

1. Application of the details of each deposit transaction, the details of account transactions in Ansan other securities, and the details of account transactions in Nonghyup Bank Act and subordinate statutes;

1. Grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act (selected of imprisonment) concerning the facts constituting an offense;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 2 (not less than KRW 100,00 but less than KRW 500,00) basic area (one year to three years) (a person with special sentencing)

2. Circumstances disadvantageous to the decision of sentence: (a) the Defendant, while taking overall charge of the business of managing funds of a trade union, embezzled most of the funds for the union with gambling funds, etc.

The above funds are 3% of the basic salary and the mutual aid fund collected by members.

The terms and conditions in favor of: