특정경제범죄가중처벌등에관한법률위반(배임)등
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
From November 24, 2009, the Defendant has been in charge of the duties of the clan as the chairperson of the Victim C's clan (hereinafter referred to as the "victim's clan") from November 24, 2009, and has been engaged in the duties of keeping and executing public funds owned by
1. The Defendant: (a) received total of KRW 723,150,000 from April 13, 201 to May 16, 2013, selling 14 parcels of real estate owned by the victim’s clan, including DJ 671 square meters, in total; and (b) used KRW 264,201,712 for personal use around that time while the Defendant was in custody for the victim’s clan; and (c) used KRW 264,201,712 for personal use.
Accordingly, the defendant embezzled the property of the victim's clan that was kept in his/her business.
2. On April 1, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) donated land of 14 parcels of land owned by the victim to F without receiving any compensation from F, in violation of such duty, the Defendant donated land of 14 parcels of land owned by the victim to F, thereby gaining profits equivalent to 5,279,60 won of the officially announced land price of the said land, and causing damage to the victim’s clan from April 1, 2013 to April 24, 2013, including, in violation of such duty, the Defendant donated land of 14 parcels of land owned by the victim’s clan to F, etc., and made F, etc. gain profits equivalent to the aggregate officially announced land price of 624,529,190 won, and suffered damage equivalent to the same amount from the victim’s clan.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Part of the police statement of H;
1. Full certificates of each registered matter, each application for registration, rules, minutes, ordinary statements of deposit transactions, individually assessed individual land price, investigation report, telephone investigation report (the current status of land sale and donation), investigation report (the current status of land sale and donation), and application of Acts and subordinate statutes to investigative reports (the confirmation of amounts A embezzled);
1. Article 356 of the Criminal Act and Articles 356 and 356 of the Criminal Act concerning criminal facts;