beta
Text
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
A From October 31, 2010 to October 30, 2015, from October 31, 2010 to October 30, 2015, was engaged in the overall management of the property of a clan as the representative of the victim D clan (hereinafter referred to as "victim clan"), and the defendant B is the member of the above victim clan.
1. On November 2013, the Defendants sold 36,694 square meters of forests and fields E located in Go Chang-gun, Go Chang-gun, the Defendant owned the victim’s clan (hereinafter “instant real estate”), and were gathered to use part of the purchase price in installments.
Accordingly, the Defendants agreed with F to sell the instant real estate at KRW 100 million in the purchase price at a place where it is impossible to identify the around November 27, 2013, and written a written contract with F with the said F in the H office located in North G prior to January 16, 2014.
According to the above agreement, around January 16, 2014, the Defendants arbitrarily used KRW 22,022,010 while receiving KRW 30 million out of KRW 100,000 from F to the account in the name of Defendant B, not in the name of the same clan on the same day, and keeping the victim’s clan for personal purposes.
As a result, the Defendants embezzled the property of the victim who was in custody in the course of business in collusion.
2. Defendant A sold the instant real estate in KRW 100 million to F, as described in the foregoing paragraph 1, and deposited KRW 10 million in the agricultural bank account in the name of a clan around November 27, 2013, which was delivered from F as down payment, from November 28, 2013, and then withdrawn it in cash from November 29, 2013 to December 19, 2013, and arbitrarily used it for personal purposes. From January 16, 2014, Defendant A deposited the remainder of KRW 60 million out of the purchase price of KRW 90,000,000 from F into the account in the name of the same clan and withdrawn it for personal purposes on January 29, 2014 and arbitrarily used it.
As a result, the defendant embezzled the property of the victim who was on duty.
Summary of Evidence
1..