1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 18, 2005, the Defendant received a trust from the damaged clan C (hereinafter “victim clan”) with a half of the size of land D D 2,645 square meters and completed the registration of the transfer of ownership in the name of the Defendant.

While the Defendant kept the said D land for damage to the clan, at the F community service center located in Gangseo-gu Seoul Metropolitan Government around March 16, 2013, the Defendant arbitrarily sold the said D land to G in the purchase price of KRW 120 million without obtaining the consent of the damaged clan, and then embezzled it by completing the registration of the transfer of ownership of the said D land to the said G around April 12, 2013.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with H;

1. Complaint;

1. A certificate of all matters to be registered and a certificate of closed registry;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of evidentiary materials by a complainant);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of the recommended punishment] 2 types of embezzlement and misappropriation sentencing criteria (the amount of at least KRW 100 million, the amount of less than KRW 500 million). The mitigation area (six months to two years) (the amount of special sentencing) is not subject to punishment;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, two times of community service, 40 hours fine, there are no other penalty history, partial recovery of damage, the agreement that promises the payment of the total amount of damage caused by the sale of real estate owned by the defendant in return for the promise to repay the total amount of damage, its depth and depth, several members of the clan want to leave the wife against the defendant, the role of the defendant in the clan, and other various circumstances that are attached to the sentencing conditions, such as the defendant's age, sex, family environment, and the circumstances after the crime, shall be determined as per the disposition.