A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 30, 1965, the Defendant, as a member of the clan C, was registered in a title trust with the land of 1,079 square meters (3,567 square meters) belonging to the same clan owned by the victim of the said clan, at the registration office of the measure committee located in the Dong-gun, Chungcheongnam-gun, Dong-gun, Dong-gun, which was the victim of the clan, and completed the registration of ownership preservation in the name of the Defendant. On January 7, 1987, the portion of 744 square meters out of the said D land is divided into E land and registered in the division on June 14, 201.

On October 5, 2009, the defendant was expropriated by the construction of the ecological river in the Geum River that was implemented by the Daejeon Regional Land Management Office, and on October 14, 2009, 22,320,000 won was deposited from the Daejeon Regional Land Management Office to the Agricultural Cooperative (F) account in the name of the defendant for the victim's clan, and used at his own discretion for the victim's clan on or around the 22th of the same month while he kept it for the victim's clan.

Accordingly, the defendant embezzled the victim's clan property.

Summary of Evidence

1. Each statement of witness G, H and I in the second protocol of the trial;

1. Statement of the accused in part of the interrogation protocol of the prosecution Nos. 1 and 2 times against the accused;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning G;

1. C minutes, a certified real estate register, a certificate of change of land indication, etc.;

1. Application of Acts and subordinate statutes to investigation reports, submission of documents, requests for cooperation in investigation, meetings for cooperation in investigation ( Sejong Special Self-Governing City, Sejong Special Self-Governing City, Sejong registry offices), investigation reports (Attachment of documents for compensation for

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Determination of the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The alleged land E is the land owned by the defendant, and the defendant is not the land under title trust from the victim's clan, so the compensation for expropriation is not the crime of embezzlement by the defendant's consuming the compensation for expropriation for his personal use.

2. The evidence duly adopted and examined by this Court, in particular.