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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
From around January 18, 2012 to around January 18, 2012, the Defendant has been engaged in the management of property, such as land and money, owned by the victim clans (hereinafter referred to as “victim clans”).
On October 3, 2009, the Defendant sold the land of 6,000 won other than 197,00,000 won, which is the ownership of the victim clan, in the vicinity of the Si of the racing on October 3, 2009, and kept for the sake of the victim clan.
On October 12, 2009, the Defendant paid KRW 3,000,000 to G in mind without the consent of the victim clans in the racing-si around October 12, 2009, and paid KRW 2,000,000 to G around November 9, 2009 and paid KRW 5,00,000 to H, from that time, KRW 21,683,440 in total between around October 2010.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the witness I in the second public trial protocol;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made to the prosecution by the I and J;
1. Statement made to I by the police;
1. Determination as to the defendant and his defense counsel's assertion after the deposit of the complaint, the statement of use of K's land proceeds, the report of settlement of accounts in 2010, the report of settlement of accounts in 2011, the records of the clans in 2009, the prior report of settlement of accounts after the deposit in 2007, the previous report of settlement of accounts
1. The summary of the argument was that the defendant sold the victim's clan F and six parcels of land (hereinafter "the land of this case"), which is the victim's clan, and paid 5,00,000 won to G and H at his own discretion while keeping 197,00,000 won. However, among the facts charged of this case, the remaining embezzlement amount of KRW 11,683,440 (21,683,440 - 10,000) out of the facts charged of this case was used for the clans, such as food, oil rain, etc. generated in the course of selling the land of this case, and there was no embezzlement by personal use.
However, the remaining amount of embezzlement 11,683,440 won (hereinafter “instant case”).