A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

From around 204, the Defendant, as a member of the Victim C clan (hereinafter referred to as the “J”), had been delegated by the executive members of the clan such as the president of the clan from around 2004, engaged in the sale of three parcels, such as the wife D, E, and F, which are owned by the clan, and agreed that the executives of the clan, who are descendants of the “G, H, I, and J,” who are the members of the clan, sold the said three parcels of forest and field more than 4 billion won, and then distributed the said four parcels of forest and field to one billion won as the distributed management fund during the marriage of the said four descendants.

1. On February 2, 2008, the Defendant entered into a sales contract with the content that M and the three parcels of the above woodland shall be paid for the total purchase price of KRW 4.5 billion, the down payment of KRW 450 million per contract date, the intermediate payment of KRW 2 billion on October 2, 2008, and the remainder of KRW 2.05 billion on August 3, 2009, respectively, at the L Real Estate Office located in K in Gwangju-si, Gwangju-si, and subsequently, the Defendant was aware of the fact that the investors association composed of M prior to the date of the intermediate payment had been dismissed.

Around September 1, 2008, the Defendant offered that “The total amount of KRW 1 billion will be distributed in the future to our house (I) and M and M will be executed within the limit of KRW 300 million out of KRW 500 million returned to a clan by the latter,” the Defendant received KRW 150 million from N to the Defendant’s agricultural bank account in custody for a clan, and used it for the purpose of repayment of personal debt around that time. From that time to June 23, 2009, the Defendant used KRW 256,400,000 for total amount of KRW 57 times in total, as indicated in the attached list of crimes (1), and used it for personal expenses, etc. unrelated to the business of the clan, and embezzled it by using it as personal expenses, etc.

2. The Defendant is the president of the clan, who was in charge of the management of funds as a general secretary of the victim I’s “I’s religious species” (hereinafter “solin the clan”). On October 27, 2010, at the clan office located in the Sungnam-gu P of Sungnam-gu, Seongbuk-gu.