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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant has been working as the chairperson of the victim D clan from April 11, 2010 to April 7, 2012, and has overall control over the management of the property of the said clan.
1. Around August 23, 2010 and around September 28, 2010, the Defendant’s occupational embezzlement, from around April 22, 2010, deposited KRW 321,068,610, which was owned by the victim’s clan, in the national bank account under the name of the Defendant (E). On August 23, 2010, the Defendant terminated the said account and paid KRW 323,157,819, which included interest on the said principal, paid KRW 250,00,00 among them to the national bank account under the name of the Defendant (E), KRW 73,157819, which was deposited in the national bank account under the name of the Defendant, and kept in the custody of the victim’s clan for business purposes.
On August 23, 2010, the defendant withdrawn 40,000,000 won from the above national bank account (F) around August 23, 2010, and arbitrarily lent it to G who was in the general service of the victim clans.
Then, around September 28, 2010, the Defendant terminated the above national bank account (E) and received KRW 73,000,000,000, out of the total amount of KRW 250,000,000, as a check, and used it at will to purchase the HMo New Dern Cargo in the name of the Defendant on the same day.
Accordingly, the Defendant embezzled the total amount of KRW 113 billion of the victim's property twice in total.
2. From October 7, 2010, around November 12, 2010, and around March 23, 2011, the Defendant’s occupational embezzlement, as described in paragraph (1), deposited KRW 176,104,307 out of KRW 250,00,00, which was paid upon the termination of the national bank account (E) in the name of the Defendant, to the national bank account (F) in the name of the Defendant, and deposited KRW 203,362,126 in total with the existing balance of the said national bank account (F) on behalf of the victim.
On October 7, 2010, the Defendant arbitrarily transferred KRW 20,000,00 to the Agricultural Cooperative Account (J) in the above national bank account in the name of Defendant Defendant’s wife, for the purpose of using the Defendant’s H Hyundai New Zealand Cargo as the repair cost of the HUK freight truck owned by the Defendant.
Then, the defendant is on November 12, 2010.