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

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

Punishment of the crime

The Defendant, from May 7, 2005 to November 22, 201, was engaged in the business of keeping and managing funds of the above clan from around May 7, 2005, and was in custody of the damaged clan’s articles of incorporation, minutes of the board of directors, the register of clans, the official seal of the clans, and the passbooks, etc. deposited with the funds of the clan.

Although the Defendant was elected by F as its representative at the general meeting of the C clan located in the northwest-gu of the Republic of Korea on November 22, 2011 and transferred the minutes of the board of directors, the register of clans, the deposit account, and the official seal of the clan kept by F to the representative of the Defendant at the general meeting of the C clan, the Defendant rejected the return of the minutes of the board of directors, the head of the Tong, etc. requested by F of the said clan to return the minutes of the board of directors, and the head of the clan from the said clan at around that time, the Defendant voluntarily stated the amount of KRW 41,407,050 deposited in the Daegu Bank Account (G) in the name of the said clan around November 19, 2012, and then transferred KRW 41,407,050 deposited in the Daegu Bank Account (H) in the name of the said clan, and then arbitrarily withdraws KRW 7,120,000 on March 20, 2013, including the Defendant’s money embezzlement.

Summary of Evidence

1. Partial statement of the defendant;

1. Court rulings in Daegu District Court, Daegu High Court rulings, and Supreme Court rulings; and

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

1. Complaint;

1. Anthrax;

1. Application of a copy of each bankbook;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders

1. The summary of the assertion is F around November 22, 201 at the extraordinary general meeting of the clan C (hereinafter “instant clan”).