A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 2008, the Defendant visited the victim C at the detention room of the Tong Young Police Station located in the Mayoung-si Saeng-si Sagle, and told the victim that “I will pay money after obtaining prior permission from the victim if I will keep the head of Tong in custody. I will pay money.”

On August 26, 2008, the Defendant arbitrarily withdrawn KRW 20 million from the above passbook on August 26, 2008 and embezzled it for active wholesale.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning details of transactions of handbooks by complainant C;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant is recommended to be sentenced to four months to one year and four months (not to be specially punished). The crime of this case is committed by the victim having relationship with relatives, and thus, is committed during the period of detention, taking into account the sentencing factors disadvantageous to the defendant.

However, the fact that the defendant deposited 4 million won for the victim is considered as factors for sentencing favorable to the defendant.

In addition, all the sentencing factors, such as the age, family relations, and the amount of embezzlement of the accused, shall be determined in the same manner as the order.