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[Defendant A] Imprisonment with prison labor for eight months
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is the chairperson of H (hereinafter referred to as "H clan") who had served from January 201 to February 2014, and has been in charge of all the duties, such as keeping the proceeds of selling the land of H clans, and keeping the proceeds of selling the land of H clans, and Defendant B is a person who has worked as a selling member of the real estate of H clans and has been in charge of the duties, such as paying income tax on the sale and transfer of the real estate of the said clan.
H A around May 3, 2014, through a clan meeting, including a clan on May 3, 2014, decided to sell the same L, M, N,O, P (hereinafter “instant real estate”) to the Gangwon-si, J, K, and the same Si, M, N,O, P (hereinafter “instant real estate”), and delegated the Defendants with regard to its sale.
1. On June 24, 2014, Defendant A entered into a sales contract of KRW 263,640,00 with respect to Q, R, and the above L, S, and N around 263,640,00, and sold the instant real estate, Defendant A sold KRW 677,590,000 for the instant real estate, and paid KRW 677,590,000 for the agricultural bank account (Account Number, T, etc.) in the name of Defendant, and had the Defendant keep the instant real estate in custody for
On September 30, 2014, the Defendant transferred KRW 10 million among the above money to B, and received it and consumed it for personal use at that time.
Accordingly, the defendant embezzled the victim's property.
2. Around September 3, 2014, Defendant B received an order from the said A to pay the income tax on the transfer of the instant real estate, and used the said amount as construction cost, etc. for the sake of the victim’s clan, while working for the H clan, who was assigned KRW 31,50,000 to the Agricultural Cooperative Account (Account Number: U) under the name of the Defendant.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made by the prosecutor in relation to V and W;
1. Statement made by the police against X;
1. A certificate for all matters to be registered, each real estate transaction contract, minutes, and a detailed statement of passbook transactions;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Criminal facts;