A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal record] On April 9, 2015, the Defendant was sentenced to a suspended sentence of three years for a two-year term of imprisonment with prison labor due to assault and death at the Suwon Friwon, and the above judgment became final and conclusive on April 17, 2015.

[2] The Defendant, on November 10, 2005, sold real estate owned by the clans from around 2005, to some members of the clan, who were appointed as the chairperson of the D branch, represent the victim clan, and dispose of the property of the clan, etc., who is engaged in the business of general administration of the clans, such as the disposal of the property of the clans, following the resolution of the general meeting. The Defendant was willing to sell real estate owned by the clans and distribute it to some members of the clans.

On January 16, 2006, the Defendant sold the real estate owned by the victim of the clan to 1.4 billion won to the J and 6 other than the J, and distributed the purchase price only to the representative of the eight house office representing the victim of the clan in the total amount of KRW 7,310,290,000 among the members of the clan, by arbitrarily selling the real estate owned by the victim of the clan eight times in the total amount of KRW 7,310,290,000, as shown in the crime list by December 24, 2009.

Accordingly, the Defendant embezzled real estate worth KRW 7,310,290,000 in total, which was kept in business for the victim clans.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L and M;

1. The part concerning the statement of L and M in the first prosecutor's examination protocol against the defendant

1. Statement by the police concerning L;

1. A report on inspection and investigation (a confirmation of the place of public disclosure, such as the liquidation of suspect's land land, public disclosure of clan land, etc.);

1. The list of the land owned by D's descendants, each D's descendants' rules, D's minutes for the minutes of the D's clan (on November 10, 2005), the list of members, D's representatives for the settlement of families and the members for the D's lineal descendants, the division and merger of the land owned by D's descendants and the change of ownership.