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 October 24, 2008, the Defendant, upon receiving a request from the victim C to discount one copy of the par value of 25 million won per unit (F) issued by the limited liability company D (representative E) from the victim C in the vicinity of the traditional World Cup Stakdong-gu, Seojin-gu, Seoul. On October 24, 2008, the Defendant rejected and embezzled the request from the victim for the return of the said check on or around November 2008, while keeping the check for the sake of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Application of Acts and subordinate statutes to the interrogation protocol of public prosecutor E;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act and the grounds for sentencing, the Defendant received the instant check for the purpose of checking or guaranteeing the amount of the existing debt to the complainant C, the Defendant’s refusal to return the instant check does not constitute embezzlement.

However, the complainant consistently asserts that the check of this case is delivered at the request of H’s staff member D, who is the issuer of the check of this case, upon the request of the Defendant for discount. In particular, the complainant demanded that the Defendant return the check of this case to his relative without the discount. The part that the Defendant stated that the Defendant issued the check of this case to his relative to Kim Jong-do that the check of this case did not have the check of this case is unknown unless the complainant listens to the Defendant. G’s statement at the site at the time of issuing the check of this case to the Defendant is supported by the complainant’s assertion, and if the complainant delivers the check of this case to the Defendant for the purpose of checking the Defendant, etc., the complainant may be liable for the crime of embezzlement, etc.