A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In order to have a G, E, F, Victims D, Victims C, and G (Death on March 16, 2016) and a mix, the Defendant completed the registration of the transfer of ownership in the name of the Defendant on November 27, 2012, following a meeting with the victim, etc. and family members, for the purpose of having a G holding “30 square meters of the H site 330 square meters in Gyeong-gun, Gyeongnam-gun, Gyeongcheon-gun, and “1934.5 square meters in the name of a basic living beneficiary.”

G On March 16, 2016, while the Defendant kept each of the above real estate for E, F, Victim D, and Victim C, on April 30, 2016, the Defendant sold “330 square meters of the H site 330 square meters in price to the J in mind at around 194,00,000, the Defendant sold the said real estate at around 34,000 square meters in price to the J, and completed the registration of the transfer of ownership at around 11, 2016 by the Changwon District Court Joint Registry of Changwon District on May 11, 2016.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Each legal statement of witness D and C;

1. Title trust certificate;

1. The defendant asserts that this case's land was owned solely by the defendant, since it was donated or bequeathed from the deceased G, a copy of the horse, and a family relation certificate (the defendant asserts that the crime of embezzlement is not established.

However, comprehensively taking account of the evidence duly adopted and examined by this court, the above facts constituting the crime can be fully recognized as follows: (a) the Defendant received a trust in the name of the deceased and completed the registration of ownership transfer; (b) the Defendant arbitrarily disposed of the said site to another person after the death of the deceased; and (c) there is no supporting evidence as to the Defendant’s donation or testamentary gift from the deceased before the death of the deceased.

Therefore, we cannot accept the defendant's above assertion.

Application of Statutes

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 of the Criminal Act: