A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is a member of the victim C clan (hereinafter referred to as the "family") and the defendant is in charge of the management and custody of the property of the clan from March 2007 to May 2010 as the general member of the above clan from around May 2010, and D is the family member of the defendant.

Around March 2007, the Defendant: (a) transferred the entire deposits of a clan from the former general secretary E and deposited them in the account in the name of the Defendant Daegu Bank; (b) the national bank account in the name of the Defendant’s bank; and (c) deposited them in the business. Since around 2005, the Defendant borrowed money, collateral loans, and retirement allowances of the Defendant’s wife F, etc. loaned to D in the name of the Defendant several times; and (c) was unable to receive repayment of the amount equivalent to the amount, the Defendant and D transferred the clan’s property to D account in around 2008, to use it for the purpose of lending money under the name of the Defendant, repayment of money lent by the Defendant to D, and investment of stocks of D.

Accordingly, while the defendant had been in custody of KRW 50 million in the deposit account in the Daegu Bank in the name of the defendant, he terminated it on March 2, 2008, and he transferred the total amount of KRW 50 million to D's bank account on March 3, 2008, including KRW 30 million, and KRW 50 million on March 4, 2008, and D used the said amount for personal purposes, such as stock investment, by transferring it to D's MMF account immediately after receiving the remittance.

Then, the Defendant cancelled the term deposit money of KRW 737,473,916 on April 19, 2010, which was owned by a clan bank account in the name of “A (C)” and transferred all of the same day to D’s account in the name of the national bank account. D transfers KRW 6,00,000 on the same day to the Defendant’s name of the national bank account, and transfers KRW 103,00,000 on April 20, 2010 to the Defendant’s personal bank account in the name of the Defendant’s wife, and transfers KRW 4,00,000 on April 27, 2010 to the Defendant’s personal bank account in the name of the Defendant’s wife.