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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was requested from November 2012 to June 2013 to manage the land owned by the victim, which was kept in the Agricultural Cooperative Account in the name of the victim, as the general secretary of the victim B clan from November 2012.

While the Defendant kept the compensation money for the land owned by the victim as above for the victim, the Defendant voluntarily disbursed the amount of KRW 35 million on November 7, 2012, KRW 200,000 on December 10, 2012, KRW 30,000 on February 8, 2013, KRW 77 million on March 4, 2013, by withdrawing KRW 77,00,000 from the Defendant’s personal debt repayment, office operating expenses, and dental expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the part concerning the statement written in D);

1. Statement to E by the police;

1. A criminal investigation report (Attachment of the details of the DF Account);

1. A written confirmation and a written statement;

1. Application of Acts and subordinate statutes to the details of family accounts (Evidence No. 13), details of transactions, and copies of passbooks (Evidence No. 30);

1. Relevant Article 355 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. 양형이유 : 본건 범행은 양형위원회가 권고한 양형기준에 따를 때 징역 4월~1년 4월[횡령ㆍ배임범죄 양형기준》제1유형(1억 원 미만)》기본영역]에 해당한다.

The Defendant did not have criminal records, paid 30 million won after committing the crime, and was at the sentenced date and deposited 15 million won.

Although it may be seen that the amount of losses not finally recovered is less than 50 million won when considering whether to impose a sentence, the amount of actual losses falls under cases where the amount of actual losses is considerably small, and the amount of embezzled money was used for treatment expenses, etc., and social ties seems clear.

For this reason, imprisonment.