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 became final and conclusive.

Criminal facts

Some of the facts charged were corrected.

The Defendant, as the president of the Victim B, was in custody of the victim’s funds deposited in the Cbank Time deposit account (D) in the name of the Defendant for business purposes on August 29, 2018, borrowed KRW 7,00,000 as security for the said time deposit at the C Bank Time Deposit Branch in Seocho-gu Seoul, Seoul, and embezzled KRW 71,749,708 by withdrawing KRW 78,749,708 in total after the termination of the said time deposit at the said branch office around September 27, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a copy of a bankbook (8 pages of investigation records), a detailed statement of deposit transactions (61 pages of investigation records);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The scope of the applicable sentencing under the Act on the Reasons for the Suspension of Execution under Article 62 (1) of the Criminal Act: The scope of the applicable sentencing under the Act on the Grounds for the Sentencing of Punishment from January to 15: the crime of embezzlement and breach of trust [Article 1]; the mitigation element of punishment less than KRW 100 million [Article 1]; the mitigation element of punishment [the scope of the recommended area and the recommended punishment]; the mitigation element of punishment [the scope of the recommended area and the recommended punishment] from January to October [the general sentencing factor]; the main pride element of the crime of embezzlement [the grounds for the suspension of execution]: the decision that there is no criminal conviction of more than a suspended sentence: the defendant who was sentenced to the suspended sentence of imprisonment for eight months; and the defendant who was sentenced to the suspended sentence two years, from December 2, 2017, was elected as the chairperson of the relatives' meeting and withdrawn from the bicycle racing without permission for approximately seven and eight million won.

This is mainly considered in light of the circumstances, but the defendant shows an attitude to recognize and reflect the mistake, and the above-mentioned family council after the prosecution of this case was instituted is the defendant.