According to the records of this case, the defendant filed an appeal against the judgment below on July 27, 2012, but on August 7, 2012, the defendant did not submit the grounds for appeal within the due period for submission of the appellate brief (within 20 days from the date on which the notice of receipt of the records of trial was received) even though he/she received the notification of receipt of the records of trial from the court, and did not state the grounds for appeal in the petition of appeal, and the records cannot be found even after examining the records. Thus, the defendant's appeal should be dismissed by a ruling of dismissal of the defendant's appeal in accordance with Article 361-4 (1)

2. Judgment on the prosecutor's appeal

(a) Summary of the grounds for appeal (a)

In light of the fact that the Defendant suffered damage exceeding KRW 540,00,000 by embezzlement or defraudation against three victims, and that the nature of the crime is bad, and that there is no agreement with the rest victims other than the victim Nonindicted 1, and that it is difficult to view that the witness appeared and made a confession as he/she appeared and made testimony before the investigation agency and the lower court’s fourth trial date, it is difficult to view that the Defendant’s imprisonment (one year of imprisonment) sentenced by the lower court is too unreasonable.

B. Determination

The defendant sold part of the ginseng distribution of this case possessed and managed by the victim non-indicted 1 to non-indicted 2 and non-indicted 3, and embezzled a total of KRW 513.5 million with the price received, and acquired a total of KRW 500 million from the victim non-indicted 4, non-indicted 1, and non-indicted 2, and acquired a total of KRW 543.5 million with the name of the borrowed money, and the name of the ginseng distribution purchase price, etc. It is recognized that the victim's remaining amount remaining as of the end of the civil litigation by the victims, including the victim's non-indicted 1.136.6 billion won, the victim's non-indicted 2.19 billion, and the victim's non-indicted 4.6 billion won still remains in the amount of damage, but the defendant failed to repay it, and the victim non-indicted 2 and 4 were punished for the victim.

However, the defendant has no specific criminal records, including the same crime, except for the punishment imposed on two occasions due to the crime of Lee Jong-sung (the violation of the Real Estate Brokerage Act of 1990, the Building Act of 2002). The defendant cultivated ginseng for a period of 30 years, which resulted in the crime of this case because it is difficult to meet funds at the time of this case, and the risk of re-offending is low, and the defendant seems to have committed the crime of this case late later, and the victim non-indicted 1 and the defendant still revoked the complaint against the defendant after the conciliation in civil procedure and still did not want to be punished against the defendant. In full view of all other circumstances such as the defendant's age, health condition, character and behavior, environment, circumstances, and circumstances before and after the crime of this case, the prosecutor's assertion as above is without merit.

3. Conclusion

Therefore, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Song Jae-hun (Presiding Judge) Lee Sung-hoon

1) The prosecutor sentenced the Defendant to three years of imprisonment.