A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant shall be the chairperson of the clan B.

1. On June 15, 2009, the Defendant created superficies with the Korea Electric Power Corporation to install a steel tower, etc. in the land of the wife population C, which is owned by the said clan, and was granted KRW 161,50,000 to the bank account in the name of the Defendant as compensation.

The Defendant, while keeping the above money for the purpose of a clan, embezzled for personal use, such as lending KRW 50 million on June 19, 2009 and KRW 100 million on July 30, 2009, etc. at that time, the Defendant embezzled for personal use, such as borrowing money and living expenses.

2. On April 28, 201, the Defendant terminated the lease contract for the above clan office Eb, B, 103, and 104 on April 28, 2011, and received KRW 100,000,000 from F, a lessor, to the Agricultural Cooperative Account in the name of the Defendant.

On May 9, 201, while the defendant kept the above money for a clan, he embezzled it by paying the balance of the land purchased by the defendant, brokerage commission, etc. in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The person holding the right and other matters, and the lease contract;

1. Application of the Acts and subordinate statutes governing a copy of passbook and certificate of deposit transactions;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination embezzlement and misappropriation of one type of reasons for sentencing under Article 62 (1) of the Criminal Act, the suspended sentence of which is at least KRW 100 million, but less than KRW 500 million;

2. Reduction elements of a person who has been specially adopted: If the person was not punished or whose significant damage has been recovered;

3. Reduction area of the recommended field; and

4. Imprisonment with prison labor for not less than six months but not more than two years;

5. Mitigation elements of general persons: Where the person is not an occupational embezzlement or breach of trust: Where the person is an embezzlement.

6. The main reasons for the suspension of execution: A criminal record for the same kind of crime or for the suspension of execution at least twice if a significant damage is recovered;