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

The Defendant entered into a sales contract for H forests and fields owned by the clan G in 2008 (hereinafter referred to as the “victim clan”) and is a construction business operator who continues to engage in civil engineering works in the state that ownership was not transferred due to lack of the purchase price, and I is the chairperson of the victim clan from February 28, 2010 to March 4, 2013.

The Defendant and I sold part of the said forests and fields, which did not obtain the victim’s clans approval, with regard to the disposition of 5,330 square meters of J-gu, Young-gu, Young-gu (which was divided into H) owned by the victim’s clans, and used them for personal purposes after selling them.

On May 7, 201, the Defendant and I entered into a contract to sell part of 275 square meters of the above forest among the victim's species to M with 120,000,000,000 won for the purchase money, namely, to receive KRW 12,00,000 from M as contract deposit, and received KRW 50,000 for the intermediate payment on May 23, 201, and used KRW 38,000,000 for the personal purpose, such as the purchase of I high-priced passenger cars.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect to the prosecution with regard to I;

1. Copy of the statement made to the N by the police;

1. Application of investigative reports (Attachment to I written judgments) (limited to statutes;

1. Articles 356, 355 (1) and 30 of the Criminal Act, Articles 356, and 355 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;