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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has been working as the president of a clan C until April 13, 2014.

1. The Defendant, on November 16, 2012, received KRW 8,677,00 as compensation in relation to the order to move for the second period of the cemetery of the same clan from the Ysan-si and kept for the victim. Around that time, the Defendant used KRW 404,00,000 for the relocation cost of the cemetery and used it for the victim’s personal purpose at his own discretion from the members of the Ysan-si.

Accordingly, the Defendant embezzled the victim's property of KRW 4040,00.

2. In order for the victim to safely keep the funds of the said clan, the Defendant: (a) opened several accounts in the name of the Defendant for the victim; (b) deposited KRW 25 million in the account in the account number F for the victim; (c) KRW 6.2 million in the account of G; and (d) KRW 6.2 million in the account of H; and (c) KRW 5.5 million in the account of H, respectively.

On June 18, 2013, when the Credit Counseling and Recovery Service applies for credit recovery, the Defendant knew in a creditor financial institution that he/she could exercise his/her right to offset against the loans in respect of the deposits and installment savings in the name of the applicant and guarantor, and had the former North Korean bank, who had a claim equivalent to KRW 49.5 million, exercised its right to offset against the deposits deposited in each of the above accounts on the same day.

Accordingly, the Defendant embezzled the total amount of 42.9 million won of the victim's property.

Summary of Evidence

1. A legal statement and a legal statement consistent with paragraph (2) of the crime committed by the defendant to the effect that 4040,000 won remaining after being used as a relocation cost of a cemetery was used for personal purposes as to the crime committed by the victim;

1. Each police statement made to J and E;

1. An investigation report (a review report, such as a copy of passbook submitted by a suspect) and attachment;