On July 23, 1990, the defendant made a joint investment with four victims C, etc., and agreed to have the profits from the above land divided according to their respective investment rates, such as purchasing the standing timber and superficies of the D clan E and F forest, and registering the creation of superficies on the above forest land.

Nevertheless, on February 27, 2012, the above D clan, the owner of the above land, was paid KRW 435,000,000 and kept for the victim C, etc., without paying KRW 228,843,537 corresponding to the victim C’s investment shares, and embezzled it at will.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement to C by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

1. The reason for sentencing under Article 355(1) of the Criminal Act and Article 355(1) (Selection of Imprisonment) of the Criminal Act [the scope of recommending punishment] No basic area (1 to 50 million won) (1 to 3 years) (1 to 50 million won) of the Criminal Act is [the decision of sentencing] [the decision of sentence] considering that the amount of money (15 million won) paid by the defendant to the victim partially paid to the victim exceeds 200 million won, it is difficult to avoid sentence of sentence.

However, the fact that the defendant had no record of punishment prior to the instant case, and that the defendant was presumed to have been much expenses in the process of disposing superficies and standing timber on the ground, shall be determined by taking into account the sentencing factors favorable to the defendant, such as the order.

It is so decided as per Disposition for the above reasons.