A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 24, 2013, the Defendant submitted a complaint to the public service center of the Go Chang-gun Police Station in the Go Chang-gun, Chang-gun, the Defendant filed an accusation with the effect that “A, the complainant, sells the land owned by A to a clan and keeps the balance of KRW 45 million that he/she received, while he/she voluntarily consumeds KRW 15 million and embezzled it.”

However, on February 23, 2010, the victim sold the land owned by the defendant at the request of the defendant and delivered 15 million won out of the balance of 45 million won to the defendant in cash. On February 23, 2010, the victim deposited the remainder of 30 million won into the agricultural bank account under the name of the defendant, and thus there was no embezzlement of the above 15 million won.

In the end, the defendant brought the victim without the intention of having the victim be subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;