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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant has been in charge of the finance of C clans Association (hereinafter referred to as the "family clans") between 2007 and 2013.

1. Around October 31, 2013, at the Gangseo-dong Office of Gangseo-gu, Busan, the said clan’s cash assets owned by the said clan, which were kept in custody under the name of the Defendant, was arbitrarily cancelled, and then its withdrawal was embezzled.

2. On December 24, 2013, around December 24, 2013, the Defendant and the president of the said clan refused the request for the return of the said clan while receiving KRW 71,038,260 from the Busan Urban Corporation, a real estate owned by the said clan D, which was registered under the joint name D, and embezzled the said clan.

Summary of Evidence

1. Legal statement of witness D;

1. Some of the suspect interrogation records of the accused to the prosecution (including the substitute part and attached documents);

1. A complaint, petition, petition, petition, and accompanying documents;

1. A written judgment attached to an application for coal;

1. Although the defendant denies the embezzlement under Paragraph 2 of the holding, in light of the fact that according to each evidence of the holding, the forest in question is judged to be the ownership of the damaged clan and that it has been confirmed in the relevant civil case, the above objection shall not be accepted.

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the crime of embezzlement under paragraph (1) in the form of a crime and return the relevant amount to a clan; the crime of embezzlement under paragraph (2) in the judgment of the court below takes account of the fact that the ownership of 1/2 is registered in the name of the defendant and his father; and the fact that the defendant is a principal offender and is not suitable for health status, etc., a suspended sentence