A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From May 9, 2011, the Defendant is a member of D clan (hereinafter “instant clan”).

8. Until July 2, 2015, the president of the same clan was in office as the chairperson of the same clan, and from around October 2015, he/she again performs his/her duties as the chairperson of the same clan. Upon the request of the member of the clan E to keep funds from the clan, he/she opened a bank account in the name of the defendant and received and kept the funds of the same clan in his/her possession, he/she thought that some of the funds of the clan were used for his

On August 12, 2011, the clan of this case shall terminate the dispute with F, G, which was in dispute with respect to the land owned by the clan, and only agreed that F and G shall pay KRW 400 million to the clan on April 2, 2012, it shall be deposited into the Japanese bank account (H) of E used for the clan with KRW 100 million as a check by the general secretary of the clan of this case on April 2, 2012. On May 22, 2012, the clan received KRW 300 million as a check and deposited into the Japanese bank account under the name of the same E, and deposited KRW 200 million out of KRW 400 million as of June 8, 2012, but it shall be corrected ex officio as it is deemed a clerical error.

Defendant

It was transferred to the bank account (I) of time deposit in the name of the Japanese bank.

On June 13, 2013, the Defendant, who was in custody of the funds owned by the instant clan, terminated the fixed deposit account for the Japanese bank, and then remitted KRW 100 million to the Han Bank account (J) personally used by Defendant A and kept the said KRW 100 million, used on January 6, 2014 in order to repay the Defendant’s personal loan obligation.

Accordingly, the Defendant embezzled KRW 60 million out of the funds owned by the instant clan, which he had been in custody for the purpose of the instant clan, by using personal loan repayment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written agreement;

1. A statement of transactions H in the name of E, and a statement of transactions in K in the name of E;