A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From around 2006 to February 25, 2012, the Defendant was in charge of all the clan affairs including the management and preservation of the clan properties as the general members of the Victim E clan.

On January 8, 2010, the full-time president F and the full-time General G were sentenced to a suspended sentence of two years in October, 201 for each of the crimes of occupational breach of trust (No. 2009Da3311) in which 200 million won are drawn up by purchasing real estate in the name of the victim at the Daejeon District Court and including including the excessive appropriation of the purchase price.

By November 30, 2010, F decided to repay KRW 60 million to the victim, G 10 million to secure this, on July 23, 2009, the F made a criminal agreement with the victim after completing the registration of creation of a mortgage under the name of the defendant, a general secretary of the victim, with the maximum debt amount of the land and building of Sejong Special Self-Governing City, G 60 million and KRW 100 million to each maximum debt amount of the land and building of Sejong Special Self-Governing City, and G 10 million.

In such a case, the defendant, who was delegated by the victim, was an occupational duty to preserve and maintain the right of collateral for the victim until he exercises the right of collateral in an appropriate way in order to secure the right of collateral or performs the obligation above.

Although the Defendant only paid KRW 20 million from G, but did not secure any other collateral that could substitute the right to collateral security, the Defendant violated his/her duty and caused F to obtain pecuniary benefits equivalent to KRW 60 million and KRW 80 million by completing registration of cancellation on May 14, 2012 after the termination of the right to collateral security on May 11, 2012, thereby causing F to obtain pecuniary losses equivalent to KRW 140 million in total from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the Acts and subordinate statutes on witness JK's legal statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (2) of the Criminal Act which choose a penalty;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.