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Defendant
A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
Defendant
A, from December 2008 to July 13, 2010, was engaged in the management of the property of the clan of this case while he was in office as a general secretary of H clan (hereinafter “instant clan”).
Defendant
B is engaged in the management of property of the clan of this case from July 14, 2010 to that of the clan of this case.
Defendant
C is a member of the clan of this case.
1. Defendant A’s occupational embezzlement, as the general secretary of the instant clan, deposited KRW 370,850,000,000 in total, from the buyer of each of the lands listed on the table below the ownership of the instant clan (hereinafter “instant land”), the purchase price of the instant land on April 7, 2010, KRW 50,000, KRW 150,000 for intermediate payment on May 10, 2010, and KRW 170,850,000 for the remainder of June 4, 2010, while working for the instant clan, deposited KRW 370,850,000 in the agricultural cooperative account (I) in the name of the instant clan, and distributed KRW 162,00,000 for the instant clan from the agricultural branch located in the Dong-dong Branch of Gwangju-dong on June 4, 2010 to the Defendant’s mother’s voluntary delivery to the Defendant’s mother.
Accordingly, the Defendant embezzled KRW 162,00,000 from the funds owned by the clan of this case.
- The land of this case -
1. 3,411/6,823 of the amount of 6,823 square meters per annum during Naju;
2. M forest land of 2,099 square meters in Naju.
3. Nanju-si: 8,796§³.
4. 1,122 square meters of O forest in Naju.
5. Pland of 840 square meters in Naju.
6. Qua-si 4,414 square meters prior to Qua-si.
7. Land for a R farm farm in Naju: 3,837 square meters.
2. Defendant B and C’s occupational embezzlement around July 13, 2010: (a) around July 26, 2010, Defendant B was elected as general secretary from the extraordinary general meeting of the instant clan held in Gwangju Mine-gu, and (b) around July 26, 2010, Defendant B received the passbook No. 130,339,209 deposit money of KRW 130,339,209 from the former general secretary, and had the instant clan kept in custody for the sake of the instant clan.
The Defendants, at the above extraordinary general meeting, received KRW 37 million from the purchase price of the instant land at the purchase price of the instant land at KRW 33 million.