특정경제범죄가중처벌등에관한법률위반(배임)등
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.
Judgment
There is no record of criminal punishment except for the defendant who has been punished once as a result of the violation of the Forestry Act.
In the case of the defendant, 10 million won was deposited in order to repay the damage caused by occupational embezzlement.
In the crime of this case, most of the lands listed in the "subject" column of the attached Table of the judgment of the court below which became the subject of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) (hereinafter "the land of this case") among the crimes of this case are still in the name of F and four members of the victim's clan (hereinafter "victim's clan") until the closing date of the argument of this case, and the above clan members, the title holder of this case, of this case, promise to return the ownership of the land of this case to the victim's clan at any time at the request of the victim's clan."
However, although the defendant, as the chairperson of the victim's clan, has a duty to handle the property relations of the clan fairly and transparently in accordance with the clan rules, he consumed the amount exceeding 2.60 million won for personal purposes while keeping the purchase price of 14 parcels of real estate owned by the victim's clans, and excluded some clan members G, AH, J, K, K, and AI from excluding them, and caused damage to the victim's clan by committing the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) that only donated the land of this case to only the family members who are relatives close to him.
Nevertheless, as seen earlier, except for the case where the defendant deposited 10 million won, which is part of the embezzlement money for the victim's clan, the defendant compensates for most damages suffered by the victim's clan due to each of the crimes of this case.