A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 28, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for occupational embezzlement, etc. at the Jung-gu District Court on December 28, 2018, and the above judgment was finalized on December 14, 2019.

【Criminal Facts】

The Defendant sold C and D (hereinafter “instant land”) without a resolution of the general meeting of clans, while managing the property of the clan as the chairperson of B from November 26, 2014 to November 22, 2017, which is the property of the said clan, as the property of the said clan, and had the intention to use the proceeds thereof.

On October 31, 2016, the Defendant entered into a contract with the victim F to trade the land of this case in KRW 150,000,000 at a G office operated by the victim F in the Namyang-si, Gyeonggi-do, and presented a false statement to the effect that “the land of this case is owned by our clan, and there was a resolution to sell it to the clan” to the victim, and presented a forged clan minutes.

However, in fact, the defendant did not go through a clan meeting on the sale of the land of this case, and did not have been authorized to trade from clan members, and it was thought that he will use the sale price individually, so there was no intention or ability to sell the land of this case to the victim.

The Defendant received KRW 100,000,000 from the victim on November 1, 2016, and KRW 29,000,00 from April 28, 2017, respectively, in the name of the Defendant, from the bank account (Account Number:H) in the name of the Defendant.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Receipt (00 million won a day), details of remittance of KRW 29 million, a certified copy of the register, a real estate sales contract, minutes of a general meeting, a use of amount A from damage, land cadastre, rules, and a transfer of ownership;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the facts of final judgment against a suspect)-related Acts and subordinate statutes;

1. Criminal facts;