업무상횡령
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 24, 2017, the Defendant was elected as the president of the D clan on March 24, 2017 and was in charge of overall management of the clans by managing the clan properties.
The Defendant, according to a resolution, decided to sell the said clan E Special Self-Governing City E, 300,000 square meters owned by the said clan to H on June 6, 2017, concluded a contract to sell the said real estate in G brokerage offices located in Sejong Special Self-Governing CityF of Sejong to H for KRW 430,000,000, in the name of the Defendant’s agricultural bank account under the name of the Defendant on the date of the contract deposit, and transferred KRW 360,000,000 to the said agricultural bank account on June 27, 2017 (the purchase price shall be reduced to KRW 400,00,000,000 in total) for the remainder on June 27, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Part I of the protocol concerning the interrogation of the suspect against the defendant
1. Application of Acts and subordinate statutes to a certificate for all matters to be registered, a copy of a real estate transaction contract, and a final resolution;
1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The amount of embezzlement for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is large.
However, with regard to the circumstances in which the defendant used the above real estate without immediately returning the purchase price, the victim's clan also tried to recognize and compensate the defendant's number when the defendant managed the above real estate for about 30 years as the owner of the above real estate. Ultimately, the defendant returned the victim's clan with return of KRW 90 million to the victim's clan, which was three times before the victim's clan was sentenced to a fine for the clan case until 2006, the defendant's reflectivity and other factors of sentencing Article 51 of the Criminal Act shall be determined by taking into consideration the punishment.