Defendant

A shall be punished by imprisonment for three years.

However, the above defendant shall be sentenced to the above punishment for four years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A is a person who was in office as the president of the victim E religious organization (hereinafter referred to as "victim's religious group") from around 1988, and has overall administration of the victim's religious affairs, has the right to manage and supervise the property of the victim's religious group, and is the president of G in Yangyang-si.

H Co., Ltd. (hereinafter “H”) tried to construct J apartment units in South-si, South-si, one adjacent to the above G from around 2005.

The Defendant knew of the fact that H intended to construct J apartment in the neighboring area from January 2007 to July 2007 of the same year, the Defendant received several complaints from H on the condition that H would not file a petition to grant approval for the apartment project in the name of the president of the headquarters of the headquarters of the religious group of the victim, and that he would not file the said petition and file a petition in the Gyeonggi-do.

On August 13, 2007, the Defendant, at the office of the Defendant’s office located in the above G on behalf of the victim’s order, performed that he/she agreed with H on behalf of the victim’s order, and prepared an agreement and a receipt under the name of the president of the office of general secretary of the victim’s order on behalf of the victim’s order, and received a cashier’s check of KRW 3.494 billion from H on the same day under the name of the agreement as to the above petition, and embezzled it by using the above KRW 3.494 billion for the victim’s order, etc. around that day.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness L, K, M and N;

1. Each police statement onO, P, Q, R, S, and T;

1. Each investigation report, Southyang-si Viewing and Viewing data submission case, approval of housing projects of J building A, confirmation of land A, tracking details of checks as a result of execution of warrants, details of issuance and payment of checks as a result of seizure and search warrant execution, and whether E religious organizations are subordinates registered with the Ministry of Culture, Sports and Tourism