A defendant shall be punished by imprisonment for seven months.

Criminal facts

On September 25, 2017, the Defendant sold 123,00,000 square meters in total to H, and 93,024,400 won in total, excluding 29,975,600,000 won in total for related expenses, such as inheritance tax and real estate brokerage expenses, to E, etc., from the family-friendly association of the victim, which is located in Asan-si, in Asan-si, in accordance with the resolution of the victim-friendly association, from the victim-friendly association, the actual owner of D, which is the land in title trust, to E, etc.

While the Defendant kept real estate sales proceeds as above, the Defendant paid KRW 20,000,000, which is a part of the Defendant’s clans Association, and used KRW 264,000 for expenses related to the victim’s clans association, and did not return the remainder to the victim’s clans association or use it for that purpose. On September 27, 2017, the Defendant used KRW 8,000,000 for personal repayment of debts to the I Limited Company from September 2017 to June 2018, and used KRW 72,760,400 in total for personal purposes, such as repayment of debts, living expenses, medical expenses, gift investments, etc.

As a result, the Defendant embezzled the victim-friendly meeting property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. All matters to be registered, a written demand for payment of the purchase price, minutes, and the settlement of real estate sales;

1. Application of Acts and subordinate statutes on a land sales contract;

1. The relevant Article of the Criminal Act and Article 355(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Extent of recommendation according to the sentencing guidelines (decision of type), group of embezzlement and breach of trust, group of Type 1 (less than KRW 100 million), group of types 1 (Special Aggravations): None of the factors of aggravation and mitigation (generally multiple persons): Where a crime of embezzlement is committed: Reduction factors: Where a crime of embezzlement is not embezzlement on duty (the scope of recommendation): In the basic area: Imprisonment with prison labor for a period from April to April;

2. Determination of sentence (unfavorable circumstances) The defendant shall keep the proceeds from the sale of the land owned by the victim's relatives.