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Defendant
A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and four months.
However, Defendant B and C.
Reasons
Punishment of the crime
"2014 Highest 27"
1. Defendants A are the head of the H church located in Seodaemun-gu Seoul Metropolitan Government and the head of the finance division. Defendants B and C are the heads of the above churches, who were engaged in the operation and management of church properties through the church conference. A.
Since the church properties are collectively owned by the members, the defendants are in accordance with the articles of association or regulations of the church, and if there is no articles of association or regulations concerning the management and disposition of the church, they shall follow the resolution of the general meeting of the members, and there is a duty to manage or dispose of the church properties for the members. Nevertheless, on January 22, 2009, the defendants conspired in collusion with the above church in violation of the above occupational duties, and through the resolution of the church conference composed of the defendants and I pastors, only the above church properties and the above church properties in Seodaemun-gu Seoul Metropolitan Government and the above church properties and the right to collateral security amount of KRW 1.56 million were established on the land of the above church in Seodaemun-gu Seoul Metropolitan Government and borrowed KRW 70 million from JF. At the end of the same month, the defendants acquired the above church properties profits equivalent to KRW 70 million from the above church properties to the above church properties and suffered damages equivalent to the above amount of KRW 500 million for the above church properties.
B. The Defendants of occupational embezzlement, in collusion, used on May 6, 2009 for the payment of retirement allowances for the previous pastors at the above church, while keeping 300 million won borrowed in the account in the name of the church managed by the Defendant A for the above church.