업무상횡령등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
From November 2005 to November 201, 2012, the Defendant stated only “the end” for convenience after the victim’s “F large end”.
As a general secretary of the clan, he/she has been in charge of the management and accounting of the clan's property.
1. Occupational embezzlement;
A. A. Around May 2012, the Defendant: (a) obtained 2 million won of land rent from H office run by the Defendant (a person who leased a paper land) from the Defendant’s H office in Gyeyang-gu G; and (b) embezzled by using the Defendant’s personal purpose for the victim’s occupation.
B. Around May 2012, the Defendant, who received KRW 2.1 million from J (a lessee of a piece of land) at the above office, and kept in custody for the victim, embezzled using his/her personal usage at around that time.
2. On April 14, 2013, the Defendant: (a) heard that documents, such as the minutes of a clan, the personal seal impression of the president of a clan, the written consent for the use of land of a clan, and the written application for land alteration, need to be prepared in order to construct a new building under the name of K on “the 830 square meters of the Mayang-gu, Youngyang-gu, Youngyang-gu” rented by K (hereinafter “the name of L, January 2013”), from a clan; and (b) sought that the documents are needed, such as a written consent for the use of land of a clan, and written consent for land alteration,
On April 12, 2012, the Defendant entered the minutes of a clan into the same office as “temporary: on April 12, 2012 of the clerk, and on April 12, 2012, the title “FJ minutes” using a word protocol: (a) the director, auditor, item (b) the temporary board of directors, the temporary board of directors, and the item (c) of the title: (a) the case of the consent to use the MN and the new construction of detached houses; (b) the FJR; (c) the printing out the list “N: N, Vice-Chairperson: P, P, Q, S, T, U,V, and W”; and (d) his/her seal was affixed on the name of the FJJ name; and (c) the name of the above person.