From around 2002, the defendant has been in overall control over the business of the above clan as the chairperson of the victim D clan, and has been engaged in managing the clan funds.

On November 5, 2007, the Defendant: (a) sold E Forest No. 222,843 square meters (number F and G after subdivision) to the non-H and eight other persons; and (b) paid the purchase price to the victim and kept in custody for the victim; (c) upon having obtained an operational review consultation on the military facility protection zone (hereinafter “military consent”) from the head of the military unit having jurisdiction over the said forest and granted permission for the development of the two main markets, the Defendant was subject to investigation and trial on the charges of delivery of third-party brain products; (d) around September 2009; (e) KRW 20 million around January 18, 2010; and (e) KRW 40 million from May 18, 2010 to November 5, 2010.

Accordingly, the Defendant embezzled the victim's funds of KRW 100 million by consuming it in mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Each interrogation protocol of the accused, K, L, or M by the prosecution;

1. Statement to the Prosecutor's Office;

1. To inquire about details of loans, details of the passbook of the Formula 200 U.S. Bank of Korea, details of passbooks of the N Bank of Korea, statements on O sale and loan settlement, and all certificates of registration;

1. Application of the investigative report (reports on attachment of suspect A-related written judgments) and the statutes governing respective judgments of the Government District Court No. 2010 Godan918, No. 2011No526;

1. Determination as to the assertion of the defendant and his defense counsel under Articles 356 and 355(1) of the Criminal Act by comprehensively combining the pertinent provisions of the criminal facts and the choice of punishment

1. While the defendant, as the chairperson of the injured clan, was entrusted with the sale procedure for the forest land owned by the clan, he lawfully paid KRW 140 million at the request of I to secure the clan properties, and the prosecutor issued the defendant a third party bribe.