A defendant shall be punished by imprisonment for two years.

Punishment of the crime

A victim B association (hereinafter referred to as “victim B association”) was established on April 2016 for the purpose of selling and disposing of the central commercial land paid to 35 persons subject to measures for living in the development project in the Development Project Co., Ltd. and distributing its profits to its members. The Defendant is a person who actually operates and manages the said victim’s association.

The Defendant received money, such as sales deposit, from union members and investors, from the transfer of money, such as the name of sales deposit, from the Defendant to the D Securities Account (E) in the name of the Defendant, and received money from the victim association for personal use by living expenses, repayment of personal debts, etc.

On April 14, 2016, the Defendant transferred KRW 1,00,000,000, out of the amount owned by the victim association, which was kept in the securities account under the name of the said Defendant, to the G association account in the name of F for personal debt repayment, and arbitrarily used it.

In addition, from this point to September 18, 2017, the Defendant arbitrarily used 197,042,386 won in total for personal purposes, such as living expenses, repayment of personal debts, etc.

Accordingly, the Defendant embezzled the property owned by the victim association in the course of business.

Summary of Evidence

1. Each protocol of examination of suspect against the accused by the prosecution (in the case of No. 25 and No. 29, each part which was partially adopted as evidence shall be excluded);

1. Each prosecutor's statement to H, I, and J;

1. Statement of the police statement to J;

1. Each investigation report, written payment agreement, cash storage certificate, the articles of association of the B association, and details of account transactions A;

1. Application of statutes concerning criminal records;

1. Although there are favorable circumstances to the defendant, such as the defendant's reason for sentencing under Articles 365 and 355 (1) of the Criminal Act regarding the crime, that there is no previous penalty nor sentence, the crime of this case shall be committed, the period, frequency, method, and result, etc.