A defendant shall be punished by imprisonment for five years.

Punishment of the crime

On January 19, 2013, the Defendant was appointed as a general secretary from C clan by a damaged person of the clan, and was appointed as the chairperson of D and D around March 16, 2013 by the damaged person of the clan, and was in general in charge of the management of the funds of the said clan.

1. On January 26, 2013, the Defendant, who committed the crime against the victim C clan, accepted the passbook (Account Number G) for regular deposits for the welfare of the agricultural cooperative in the name of the victim, which was composed of KRW 1 billion, from the first day of the victim’s name, and the passbook (Account Number H) and each password, the victim’s official seal, the victim’s personal seal, and the cash withdrawal card.

피고인은 배우자 J 명의로 운영하는 고철도ㆍ소매업을 하는 주식회사 K( 이하 ‘K’ 이라고 한다) 의 운영비 등이 부족 해지자 피해자의 예금을 사용하기로 마음먹고, 2013. 1. 30. 10억 원이 들어 있는 복리 식 정기 예탁금을 해지하고, 5억 원은 피해자 명의 기업은행 계좌 (L )에 입금하고 5억 원은 피해자 명의 화도 새마을 금고 듬뿍 자유 예탁금 계좌 (M )에 입금하여 피해자를 위하여 보관하던 중, 2013. 1. 31. 피해자 명의 기업은행 계좌에서 마음대로 피고인이 운영하는 K의 계좌로 2억 5,000만 원을 송금하여 횡령하였다.

In addition, from that time until September 10, 2013, the Defendant embezzled the victim’s property by consuming a total of KRW 1,011,600,000 in mind, such as the list of crimes in attached Form 31 times.

2. Crimes against victims E;

A. Although the Defendant consumed the deposits of the clan C as its operating expenses, as stated in paragraph 1, the Defendant: (a) failed to complete the registration of the transfer of the ownership in the name of the Defendant’s children; and (b) failed to use the real estate owned by the Defendant for the K’s operating expenses by borrowing the real estate as security.

The Defendant, as the chairperson of the victimized person, has kept 1,898 square meters prior to theO of the Gyeonggi-gu Gyeonggi-gun, which is owned by the victim.