A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, as the general secretary of the “B” clan from April 2015 to March 2018, while in charge of keeping and managing the funds owned by the said clan, was in possession of KRW 4,485,638, and KRW 134,463,69,335 in the C Bank Account (Account Number: D) in each of the Defendant’s names for the purpose of a clan, divided into KRW 134,463,69,335 in total into the C Bank Account (Account Number: E) under the name of each of the Defendant.

On April 9, 2015, the Defendant: (a) withdrawn 100,000 won in cash from the bank account (Account Number: D) around April 9, 2015, and arbitrarily used it as personal living expenses, etc.; (b) around that time, up to September 11, 2016, the Defendant embezzled KRW 138,734,124 in total, as shown in the list of crimes in the attached Table, by shipping cash or withdrawing it by using the check card to arbitrarily use it for living expenses and entertainment expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Details of letters sent to a clan;

1. Application of each C Bank Account Transaction Statement (Evidence Nos. 7, 8) statute;

1. As a whole, Articles 356 and 355(1) of the Criminal Code of the pertinent legal provision regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of punishment [the grounds for sentencing of imprisonment] [10 million won or less to 50 million won] [10 million won or less] 2 types (10 million won or less to 500 million won] [the decision of sentencing] are contradictory to the defendant's confession, and there are favorable circumstances, such as the fact that the defendant is a clan where the defendant was in charge of general affairs, and that the victim is a clan where the defendant was in charge of general affairs, but no damage has been completely recovered even if the amount of damage in this case exceeds 130 million won, and the defendant used the money in this case for living expenses and entertainment expenses. It is inevitable to sentence the defendant's criminal liability.