Defendant

A shall be punished by imprisonment for eight months and by imprisonment for six months, respectively.

However, the Defendants are subject to this.

Punishment of the crime

From April 6, 2012 to April 12, 2014, the Defendant is a person who has served as the chairperson of the victim E clan (hereinafter referred to as “victim E”), and Defendant B is a vice-chairperson of the damaged clan and a person who has served as the general secretary for the same period.

The defendants have a duty of care to properly execute damaged funds for the whole interest of the clans and to report the details of execution based on relevant documents to the clan general assembly every year and obtain approval.

1. Defendant A

A. On April 5, 2013, the Defendant: (a) set the public funds of the clan deposited into the agricultural cooperative account in the name of the damaged clan in his/her business course; (b) set the amount of the public funds deposited into the agricultural cooperative account in his/her name in his/her business course; (c) transferred it to the construction business operator; and (d) received KRW 10 million from among them to the personal account of the Defendant; and (d) transferred KRW 25 million from the account in his/her name of the victimized clan to the construction business operator in his/her personal account in the same manner as of April 22, 2013; and (e) embezzled KRW 101,50,000,000 among them, by receiving KRW 25 million from the account in his/her name of the victimized clan to the construction business operator

B. On December 16, 2013, the Defendant: (a) withdrawn public funds deposited in the agricultural cooperative account in the name of the victimized clan from KRW 1800,000,000 in the course of operating the business and embezzled by using them for repair expenses for personal vehicles of the Defendant.

(c)

In fact, the Defendant, as the Defendant owned, did not obtain the approval of the clan for the use of the first floor as the damaged clan office, and did not actually provide it as the clan office. However, as the Defendant provided the above personal house as the damaged clan office, the Defendant used the public funds of the clan for personal use as well as the monthly rent every month as well as the management expenses.

On June 13, 2013, the Defendant provided the Defendant with public funds deposited in the accounts in the name of the victimized clan in his/her business for six months under the pretext of providing the Defendant’s personal housing as the office of the victimized clan.