The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Criminal facts

The forests owned by the said clan, the title trust of which is held with respect to one-third equity (hereinafter “victim’s clan”) among the family members of the Victim F clan (hereinafter “victim’s clan”) and H and I, respectively, are the forests owned by the said clan, the title trust of which is held with respect to one-third equity (hereinafter “instant land”) of the Victim F clan (hereinafter “victim’s clan”).

On November 1, 1994, the defendant died and kept the above land for a clan.

While the Defendant kept the above land for the family of the victim, on June 27, 2017, transferred 5/30 shares to the above land in the name of the Defendant due to inheritance due to a consultation division around June 27, 2017. On July 20, 2017, the Defendant sold the above shares to J KRW 413 billion and completed the registration of ownership transfer to J on the same day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of K and L;

1. Written statement by prosecution;

1. The second police's interrogation protocol against the defendant in M

1. The police statement of M;

1. Investigation report (report on confirmation of telephone calls from the other NMyeon office related to change of the place of receipt of property tax payment notice);

1. The result of the fact-finding conducted in relation to the voice group in Chungcheong North Korea of this court;

1. A complaint;

1. Rules of the clan;

1. A certified copy of the register;

1. A clan member, a list, etc.;

1. A written resolution;

1. Receipts for payment of aggregate land tax and receipts;

1. Statement of expenditure of the clan;

1. The Defendant and his defense counsel regarding the claim for the property tax payment receipt, payment confirmation certificate, transfer confirmation certificate, and the Defendant and his defense counsel stated that “When the Defendant sold the instant land on July 20, 2017, I, the Defendant’s attached, concluded a title trust agreement with the victim’s clan, and did not clearly recognize that the Defendant was the title trustee of the instant land. The Defendant did not sell the instant land in a state that the instant land was owned by the victim’s clan, and thus, did not constitute embezzlement.”