A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

From July 26, 2007 to September 2009, the Defendant controlled the business of the clan as the representative of the chairperson of the victim D clan. From around August 17, 2007 to around September 2007, the Defendant was under the business custody of the victim after receiving KRW 1.22 billion from the Korea Land Corporation as compensation for incorporation into the administrative city for six parcels, in the deposit system for the public interest belonging to the Daejeon District Court's public interest, the amount of KRW 1.22 billion from the above amount to the Defendant and F, and then deposited KRW 1.22 billion from the above amount into the account of the Defendant and F, from around August 20, 2007 to around September 22, 2009, executed KRW 300 million for the purchase of the above clan land, the G clan's federation's subsidies, litigation costs, and the remainder of KRW 220 million by using his own debt or his own expenses for non-performance of litigation, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Details of the deposit statement and investigation report;

1. Requests and replies for each information on financial transactions, each investigation report, and each investigation report (A bank transaction details);

1. Application of the Acts and subordinate statutes on power of attorney and interim board resolution;

1. The defendant and his defense counsel asserted that the amount of money embezzled by the defendant's personal consumption out of the deposit money deposited in the account of the defendant and the F shall not be more than KRW 462 million, and the remaining money shall be used as civil construction costs for the relocation of the clan, public works expenses for the clans, support expenses for the clans, family-related litigation expenses, and family-related expenses, etc., so the above amount shall not be charged for embezzlement for the above amount exceeding KRW 462 million.

However, as in the facts stated in the judgment, the amount of KRW 920 million which is found guilty except the above KRW 300,000,000, which is executed by the defendant for the purpose of a clan is all.