A defendant shall be punished by imprisonment for not less than one year and six 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

[Status of the Defendant is a member of the clan B (hereinafter “the clan”), who is the victim from January 1, 2012 to August 17, 2016, has a duty of care as a good manager according to the provisions of the articles of association of the clan or the intent of the members of the clan in performing the duties of managing and disposing of the property owned by the clan, and when executing the clan funds, there was a duty of managing and executing the clan funds in relation to the clans.

[Around June 18, 2015, the Defendant, at the D Real Estate Brokerage Office located in Seoyang-si, Gyeonggi-do, without obtaining a resolution or consent from the board of directors or the general meeting of the victim clans, arbitrarily sold the land of KRW 1,851 square meters (hereinafter “instant land”) to F for purchase price of KRW 1,050,000,000 for the same day, and continuously received KRW 100,000,000 for the provisional contract money. On the same day, the Defendant requested F to pay part of the purchase price in advance and request F to sell it in advance, and concluded a contract of KRW 20,200,000,000 for the total amount of KRW 10,000,000 on November 30, 2015, and sold it to F on February 2016.

In addition, the Defendant arbitrarily consumed the purchase price of land transferred from F from June 19, 2015 to May 29, 2016, such as his/her personal debt and living expenses.

After that, the land sales contract of this case became null and void for the reason that the defendant did not obtain a resolution of the general meeting of the clan at the time of the contract. G filed a civil lawsuit against the victim clan, such as transfer of ownership, thereby compensating for the victim clans KRW 255,412,050 (Deposit Money KRW 241,620,209 KRW 13,791,841) according to the result of the lawsuit above.

As a result, the defendant violated his duties, thereby causing property damage equivalent to 255,412,050 won to the injured clans.

b)a summary of the evidence;