Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[criminal power] On December 8, 2016, the Defendant was sentenced to a two-year suspended sentence to be held for embezzlement by the Suwon District Court’s Eunpyeong District Court’s imprisonment with prison labor for eight months, and the said judgment became final and conclusive on December 16, 2016. On December 20, 2019, the Defendant is a person who was sentenced to imprisonment with prison labor for one year and six months at the Suwon District Court’s imprisonment with prison labor for embezzlement, etc., and is still pending in the final

[Basic Facts] On March 1, 2015, the Defendant was appointed as the chairperson of the Victim B clan (hereinafter “victim clan”) and was in charge of overall management of the disposition and management of the property of the clan, and around June 7, 2015, the Defendant received approximately KRW 4.67 billion which the Korea Land and Housing Corporation deposited as the compensation for the expropriation of the land owned by the Victim’s clan from the Suwon District Court for the purpose of keeping the same for the victim’s clan.

On September 2015, the Defendant: (a) concluded a sales contract on the real estate in the name of the victim clan; and (b) lent KRW 240 million, which was returned by the buyer through the preparation of a "business contract" and was kept in custody for the victim clan to the clan C at his/her own discretion without going through the resolution of the general meeting of the victim clan; and (c) was subject to complaint from the victim of the clan on December 2, 2015; (d) decided on February 2016, the Defendant decided to appoint a defense counsel for the above criminal case; and (e) decided to arbitrarily use the money owned by the victim's clan he/she kept in custody.

【Criminal Facts】

On February 3, 2016, the Defendant arbitrarily disbursed the amount of KRW 6,000,000 out of KRW 93,419,683 of the amount of compensation money for confinement owned by the injured clans, which was kept for the purpose of the clans of the victims at a non-permanent place (hereinafter referred to as Pyeongtaek-si) and embezzled it as the Defendant’s criminal defense counsel fee.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Investigation report (the details, etc. of usage of suspect attorney fees);

1. Investigation report (to listen to the Eline Statements of Witnesses);

1. A previous conviction in judgment: