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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is the chairperson of the C clan from February 28, 2010 to March 4, 2013 (hereinafter referred to as “victim clan”) who has overall control over the business of the Victim clan and has been engaged in the business of managing the property of the Victim clan.

Although the Defendant and D sold part of the said forest land without obtaining approval from the victim clan, the Defendant and D had the victim’s clan used the purchase price for personal purposes.

Around May 7, 2011, the Defendant and D received KRW 50,000,000 in total as KRW 38,000,000 for intermediate payment, and used it for personal purposes, such as purchase of high-priced automobiles around that time, by obtaining KRW 50,00,000, in the G Licensed Real Estate Agent Office located in Young-gu, Young-gu. Around May 7, 201, the Defendant and D entered into a contract with the victim clan to sell part of KRW 275,00 in the above forest to H for the purchase price of KRW 120,00,000 from the above H.

Accordingly, the Defendant embezzled 50,000,000 won in total, in collusion with D, the down payment and intermediate payment of the above forest.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement made to I, H and J;

1. A copy of a real estate sales contract (84 pages of investigation records) and each receipt;

1. Application of Acts and subordinate statutes to each investigation report (the results of tracking checks, the results of witness H and J telephone conversations);

1. Articles 356, 355(1), and 30 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 62 (1) of the Criminal Act;