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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From January 19, 2013, the Defendant, as the chairperson of the Victim D clan (hereinafter referred to as “victim clan”), was engaged in overall management of the property, events, etc. owned by the Victim clan.
around January 22, 2013, the Defendant received KRW 108,003,710 from the above F to use part of the land expropriation compensation, which the victim’s clan received from the two weeks and decided to distribute a certain amount to its members, as expenses for special general meetings, newspaper advertising, etc., and deposited KRW 100,510,000 in the Defendant’s account in the name of G (H) around February 12, 2013, while the Defendant kept the victim’s family for business purposes from February 14, 2013 to December 19, 2013, the Defendant spent KRW 10,510,000 in the balance to the Defendant’s children’s account (H).
Accordingly, the defendant embezzled the property of the victim's clan that was kept in his/her business.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. A statement of fact-finding reply, user personal information, and details of transactions in free savings;
1. Application of the Act and subordinate statutes on the date and public announcement of the same day, a copy of a cashier's check, and a copy of a bankbook;
1. Relevant statutory provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the choice of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] Type 2 (100 to 50 million won] [no person who has a special appearance] [the decision of sentencing] [the defendant has consumed the property of the clan that he received from the former president for living expenses, investment funds, loans, etc. although he was appointed as the president of the victim's clan on the grounds of unfair acts by the former president, etc., he/she has consumed the property of the clan that he/she received from the former president for the purpose of living expenses, investment funds, etc.] The fact that the embezzlement amount is larger than KRW 100 million, but the damage recovery has not