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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for five months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A was the head of Gyeonggi-gun C Village from January 1, 2009 to December 31, 2016, and Defendant B was the head of the village for the same period, and the Defendants were the former head of the village for the same period. The Defendants are those engaged in the duties of keeping and managing the village operation fund of the victims C community residents.
The Defendants conspired to use the D Association passbook (Account Number: E) in the name of Defendant B as a village public fund passbook, and Defendant B, while keeping the seal of the said passbook for the purpose of business, provided Defendant B’s seal and password to Defendant A at the D Association G branch located in Gyeonggi-gun Group F on March 11, 2009. Defendant A collected the seal and extracted KRW 100,000 from his personal use, such as entertainment expenses, in mind, and consumed KRW 160,09,640 in total over 81 times from December 11, 2016.
Accordingly, the Defendants conspired and embezzled the victim's property.
Summary of Evidence
1. Statement made by the defendant A in the first trial record;
1. Each legal statement of a witness A and H;
1. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by this court in the deposit transaction statement, financial transaction statement, and withdrawal statement, Defendant B was aware that Defendant B was using the village operation fund for personal purposes, and it can be sufficiently recognized that Defendant B conspired with Defendant A. Thus, Defendant B and his defense counsel’s assertion against this is rejected.
① The Village Operation Fund was managed by Defendant B’s account. At the time, Defendant A, who was the head of the Tong at the time, and Defendant B, who was the head of the Do at the time.
② Defendant B. The above village operation fund account.