A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for occupational embezzlement at the Daejeon District Court on June 25, 2014, and the said sentence became final and conclusive on November 28, 2014, and completed the execution of the sentence at Daejeon Prison on February 21, 2015, and is a clan member of the C clan.

The land of the Sejong-si D 529 square meters and E 707 square meters is the land in which the name of the family member was put in trust in the name of the defendant when purchasing the land with the funds of the clan around November 2006.

On June 27, 2013, the Defendant entered into a sales contract to sell 2 lots of land G owned by the said clan from the Seocho-gu Seoul Metropolitan Government around 485 million won to 2 persons, including the buyer H, and received 40 million won as down payment, and then paid 30 million won in total according to the ratio agreed upon with I and J, the representative of the clan 2 location of the said clan (50%, 25%, respectively), and consumed 10 million won for personal debt, etc. while being kept for distribution with six persons, such as the victim K, etc. of the clan to which the Defendant belongs. The Defendant continues to consume 40 million won for personal debt, etc.

8.6. After receiving the remainder of 445 million won from the buyer at an authorized broker office L in Sejong Sejong City, the Plaintiff voluntarily consumed the remainder of 110 million won with personal debt repayment, etc. while paying 35 million won to the above I and J in the same manner.

As such, the Defendant embezzled KRW 96 million, excluding 20% of the Defendant’s shares, among KRW 120 million kept for distribution with six victims, K, etc.

[Judgment on the Defendant’s and his/her defense counsel’s assertion of embezzlement]

1. The Defendant calculated by deducting the amount equivalent to 20 million won of the Defendant’s share from KRW 87,000,000,000,000 for real estate brokerage fees of KRW 120,000 and taxes of KRW 23 million for sale (=3,00,000,000,000,000 won for the transferred income tax of KRW 20,000), which is the amount indicated in the facts charged in his/her custody, from KRW 17,40,000,000 for the Defendant’s share.