A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is the auditor of the victim C clan clan and is the member of D who is the branch of the clan.

C A clan held an extraordinary general meeting on July 19, 2008 and decided to grant compensation for expropriation of the land owned by it to each branch of the religious community including D above.

On August 4, 2008, the Defendant was in custody of KRW 36,100,00,00 deposited from the Defendant’s wife in the Agricultural Cooperative account (Account Number: G) of F, the Defendant used the Defendant’s personal debt repayment, living expenses, etc. for personal purposes around that time.

During the period from August 4, 2008 to September 22, 2008, the Defendant received deposits from each of the above F and the Defendant’s agricultural cooperatives account at least seven times in total and kept for the victim, as shown in the List of Crimes.

D 283,760,000 won was consumed in the same way as from August 5, 2008 to April 16, 2012.

Accordingly, the defendant embezzled the property of the victim who was under custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, I, J, K, L, or M;

1. A copy of a passbook for payment of subsidies for revitalization of branch waves (N or a copy of a bankbook for agricultural cooperatives);

1. Each report on investigation;

1. Detailed transactions of each agricultural bank account in J, K, M, F, and A;

1. Related withdrawals and deposit slips;

1. Details of transfers related to a suspect in each M, K, J, N, orO account;

1. Application of Acts and subordinate statutes to each transfer-related flow;

1. The sentencing guidelines are from 8 to 3 years of imprisonment (the basic area of type 2 (type 100 million to 50 million won)), the fact that damage has not been recovered, the fact that there is no other criminal records other than twice of the fine, and the fact that there is no other criminal records against the defendant, such as the defendant's age, sexual conduct, and circumstances after the crime, etc., shall be determined by taking into account all the sentencing conditions that are disadvantageous to the defendant and disadvantageous to the defendant.