A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From December 3, 2006 to February 5, 2010, the defendant is the head of the victims' clan C, who has been engaged in the duties of maintaining and managing the clan.

1. Around July 31, 2007, the Defendant: (a) held the victim in the E’s residence located in Yeongi-gun, Chungcheongnam-gun; (b) held a title trust to the clan E; and (c) held the 34,286,00 won deposited in the previous agricultural bank account in the name of E as compensation for confinement; and (d) embezzled it by using the 30,000 won, excluding the above expenses, from E on January 22, 2008, to seven members, including I, in the course of the business custody of the said money; and (b) embezzled it by arbitrarily distributing it to the seven members, including I, or using it as living expenses, etc.

2. Around November 2, 2007, the Defendant: (a) held the victim in the E’s residence located in Yeongi-gun, Chungcheongnam-gun; (b) held one parcel before J of the Chungcheongnam-gun, Yeongi-gun, Chungcheongnam-gun, a clan title trust to the clan E (hereinafter “J land”); and (c) held that KRW 12,660,000 was deposited into the agricultural cooperative account in the name of E as compensation for expropriation; and (d) held that “the compensation for the property during the clan is changed to the president of the clan; (b) received payment of KRW 11,60,000, excluding the above expenses among the above money, from E on November 29, 2007, and distributed it to three persons, such as K, at will during its business keeping, or embezzled it by using it for living expenses.

Summary of Evidence

1. Legal statement made by a witness L;

1. Each statement of E and M in the suspect examination protocol of the accused by the prosecution;

1. N’s statement;

1. Application of Acts and subordinate statutes to certificates of all registered matters and certificates of closed registers;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

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

1. The defendant and his defense counsel under Article 62(1) of the Criminal Act;