A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment for embezzlement at the Gangnam Branch Branch of the Chuncheon District Court, and the judgment became final and conclusive on March 10, 2012.

Criminal facts

The defendant is a person who was the representative of C Co., Ltd., a forest aggregate or land aggregate extraction company.

The defendant knew that the victim D's failure to obtain permission for aggregate extraction is being delayed due to the failure to obtain permission for aggregate extraction while running the F river extraction project together with E. On October 3, 2010, the defendant entered the "Agreement on Joint Projects for Aggregate Extraction" in the H office located in Nam-gu Incheon Metropolitan City, where the injured party had agreed to grant permission for aggregate extraction and construction works.

However, at the time of fact, the defendant had no experience in obtaining permission for aggregate extraction, and even if he received money from the injured party due to the financial difficulties of the C, he was merely intended to use it as the operating fund of the C, and there was no intention or ability to normally conduct the aggregate extraction project with the permission for aggregate extraction.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received transfer of KRW 20 million in total from the victim to the head of the Si/Gun/Gu having jurisdiction over the permission to extract aggregate under the pretext of business activities related to the permission to extract aggregate from the victim (ju).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);

1. A complaint, a detailed statement of transactions and a copy of a joint project agreement;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of a final judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The suspended sentence of Article 62(1) of the Criminal Act does not result in the recovery of damage for reasons of sentencing through two times as the same crime at the same time as the instant crime is committed.