Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who has been in charge of the general affairs of the victim C clan from around 2002 to April 2012.

The defendant was the chairperson of the victim clan at the time when he was in Yongamama-gun, Southern on May 25, 2004.

The E’s book from the E’s house to the day of May 21, 2012 (including a clan management document file, such as the minutes of the clan, accounting books, etc.) was kept for the victim’s clan, and the E’s book was requested by F, the chairperson of the victim’s clan, to return the book around June 25, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, E, and H;

1. Minutes (referring to 8 pages of investigation records), proof of contents, each reply, each evidence of contents, and copies of books;

1. A criminal investigation report (the details of the books, etc.);

1. According to the above evidence duly adopted and examined by this court, the defendant's book of the clan is an essential document file, such as the minutes of the clan and the accounting book, which is owned by the clan and managed by the president of the clan, and the defendant's refusal to return the book even though the defendant is demanded by the F of the clan to return it.

On the other hand, it is difficult to find any material supporting the legitimate reason for the defendant to refuse to return the books of this case.

Application of Statutes

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;