A defendant shall be punished by imprisonment for two years.

Punishment of the crime

From September 2009, the defendant has been engaged in the management of clan properties as the chairperson of the CJ from around September 2009.

On February 27, 2010, the Defendant was delegated with the right to trade the land owned by the clan, "Yecheon-gu, Dong-gu, Dong-gu, and "F" (hereinafter referred to as the "instant land"), which is the ownership of the clan, through the resolution of the clan D on February 27, 2010, and paid to the said clan the remainder of the money, excluding the expenses for claiming the registration of ownership transfer and the expenses for arranging limited real rights, such as the collateral security established on the instant land

On March 31, 2010, the Defendant concluded a sales contract to sell the instant land to G in total of KRW 455,000,000 at a licensed real estate agent office located in the new Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and received KRW 453,546,242 in total as the sales price from the said G until August 4, 2011, including the Defendant received KRW 70,000,000 as the down payment.

Of the above KRW 453,546,242, the Defendant used KRW 269,341,492 (excluding KRW 184,204,750), which was a litigation cost for the instant land and liquidation cost, for the victim’s clan, the amount of KRW 80,000,000 for the purpose of purchasing vehicles and performing personal obligations, and used KRW 30,000 for personal obligations on December 201, and embezzled KRW 150,000,000 for gambling money, etc. on August 201, 201, using KRW 269,341,492, which was arbitrarily used for gambling money.

Summary of Evidence

1. Statement that there has been a fact that he has arbitrarily used 150,000,000 won kept for a victim in the first trial record;

1. Each legal statement of the witness H, I, J, K and L;

1. Statement of the police statement of M;

1. Application of Acts and subordinate statutes, such as a written contract, judgment, supplement of complaint, receipt, etc., clan resolution, passbook copies, account records, etc., financial transaction information reply, investigation report, etc.;

1. Relevant Articles of the Act concerning the facts constituting the crime;