Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a half of the D Village 1 located in Dong-dong, Hanam-gun C.
On March 4, 2010, the Defendant requested a village residents to compensate for damage on behalf of the village residents, and received KRW 10 million from the Agricultural Cooperative (E) account under the name of the Defendant to the Agricultural Cooperative (E) under the name of the Defendant, and distributed KRW 5 million among them to the village residents on a different basis as compensation for damage, and used KRW 5 million for the development fund of the D Village in the name of the village residents.
When the defendant distributed 5 million won remaining differently as above and used as a village development fund, he must pay it to the representative of the village.
Nevertheless, while the defendant kept a village development fund for the victim's village residents, he paid one million won as the village development fund, and embezzled another four million won as the defendant's personal use at around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. The investigation report (as to the specification of the amount of embezzlement)
1. Application of Acts and subordinate statutes on deposit transactions;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;