A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant has been engaged in the business of managing and maintaining the property of the same clan from around December 10, 200 to April 11, 2015.

1. Although the defendant, as the representative of the above clan, has a duty to preserve the property owned by the above clan for the sake of the above clan, in violation of his duty, he thought that he provided the above clan property at will to financial institutions as security and raised money in order to raise the defendant's personal living expenses and the money to repay his debts.

On March 21, 2014, the Defendant arbitrarily created a collateral security (193.17 square meters, 51.42 square meters, 193 square meters, 206 square meters, 39.42 square meters, 396 million square meters, which is the ownership of the said clan to the said bank around the 25th of the same month when the Defendant personally borrowed KRW 330 million from the said bank located in the Seocho Pyeong Pung building located in the Republic of Korea, according to the distribution of Seocho-gu Seoul, Seoul. In doing so, the Defendant acquired financial benefits equivalent to the above maximum amount of the claim and incurred damage equivalent to the same amount to the said clans of the victim by arbitrarily establishing a collateral security (1st floor, 193.17 square meters, 2nd floor, 51.42 square meters, which is the ownership of the said clan.

2. When the Defendant suffered economic difficulties due to his wife’s hospital expenses and the dishonor of his business, etc., the Defendant was willing to withdraw public funds and use them in the passbook where income such as the installment savings, rent, etc. of the same clan managed by the Defendant was deposited.

A. On June 2, 2014, the Defendant, who embezzled KRW 230 million, was kept in the form of installment savings in the national bank account (E) in the name of the Republic of Korea (C clan) at the Buddhist land on June 2, 2014, used the said clan funds for personal purposes, such as the wife’s hospital expenses, etc., around that time, while receiving KRW 230 million from the victim’s clan and being kept in the business for the said clan.

Accordingly, the defendant embezzled the victim's property.

B. The Defendant’s embezzlement of KRW 50 million around March 10, 2015.