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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant, as a general secretary of D's clan (hereinafter referred to as "ma's clan"), is a person in charge of the sale and purchase of real estate and the management of funds owned by a clan, and as a result, the E's operational funds and living expenses of the E's company, which is a wind power plant producer, operated individually, were raised to use funds managed by the clan for the operation of the E's company and personal living expenses.
1. Around September 12, 2008, the Defendant embezzled the proceeds from the sale of wind power generation owned by the said E company on the following grounds: (a) around September 12, 2008, in order to raise the civil litigation costs related to the clan, he/she sold the F real estate in the Dong-gu, Chungcheongnam-gu, Incheon to G for a KRW 165 million; and (b) deposited the money owned by the victim of the victim from the said G into the corporate bank account (H) in the Defendant’s personal name; (c) on September 12, 2008, the Defendant embezzled arbitrarily used the money of KRW 10 million for the purchase price of wind power generation facilities owned by the said E company from September 12, 2008 to January 2009, including the voluntary use of KRW 795,5230,000,000 for the total amount of money owned by the victim on six occasions, as shown in the attached list of crimes.
2. The embezzlement of the proceeds from the sale of real estate before theJ of the Asia-si, on April 2010, the Defendant, as a general secretary of the clan, sold 2/3 of the real estate located in theJ of the Asia-si, to K for 67 million won and kept the funds owned by the victims of the clan received from the above K for business purposes. The Defendant, as a general secretary of the clan around April 2010, was performing his/her duties.
6. From the Defendant’s residence of the above I apartment A 502, the above I apartment A 502 was embezzled by arbitrarily consuming all of the above 67 million won under the name of the purchase price of facilities, such as containers, etc. owned by the above E company, personnel expenses at Jeju-do site, and personal living expenses.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police concerning L;