A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

From December 5, 2018 to April 6, 2019, the Defendant served as the chairperson of the family clan B, who is in charge of the business of keeping the funds of the victim clan, and was in charge of the business of keeping the funds of the victim clan by depositing the funds of the victim clan into the personal bank account of the defendant in the bank bank. The victim clan funds of the victim limited to the purpose, purpose, operation method, etc. were transferred to the E bank account in the name of de facto de facto D (F securities linked to the bank account) arbitrarily used by the defendant against the victim's will without a resolution of the general meeting, and used them as stocks investment money or as personal debt, living expenses, etc.

Accordingly, from March 5, 2018 to March 7, 2019, the Defendant embezzled the same amount by arbitrarily acquiring and consuming KRW 137,472,620 on 16 occasions from the Defendant’s office, etc. to the Defendant’s office, etc., in which the Defendant received KRW 144,780,738 in total from the Defendant’s land rent for the clan or the Defendant’s land rent for the clan, and kept in custody for the victim’s clan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Certificates of identification numbers, details of transactions in each account, pledges, and details of transfer of installment savings;

1. Books of funds of clans, minutes of meetings of clan officers, and pledges;

1. Application of statutes on the use of clan funds;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of recommendations based on the sentencing criteria: Imprisonment of six months to two years [the scope of recommendations] shall be mitigated (6-2 years from June to 50) (the scope of recommendations from June to two years (the scope of 100 million won to less than 50 million won) (special mitigation).