Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant, while operating the C Association which provides mountain ginseng appraisal and consignment, was incorporated on June 16, 2006 with D, E, and with the purpose of mountain ginseng cultivation and distribution business (hereinafter “damage Corporation”).
around July 2006, the Defendant introduced Mamaman G to D and E, and D, the representative director of the victimized corporation, prepared a written contract from G on July 10, 2006, to purchase KRW 100,000,000,000,000,000,000 from G, and paid KRW 50,000,000 to G several times until October 24, 2006, including the payment of KRW 100,000,00 as the down payment.
G drafted a written agreement on October 24, 2006 that "D, the representative director of the victimized corporation, and 19,000 won in total, from November 10, 2006 to November 10, 2006, collected and delivered 5-6-6-year mountain mountain 30,000 Won, and the remaining 70,000 Won in consultation with each other on November 10, 206, and delivered 12,00 Won in total to the victimized corporation."
On November 2006, the Defendant: (a) obtained 10,000 mountain ginseng (=30,000 - 19,000 - 10,000 mountain ginseng on the 5-6-year old mountain ginseng around the market price owned by the Defendant, which was owned by the Defendant, from G; (b) did not notify the Defendant of the damage corporation on December 2, 2006, and embezzled the mountain ginseng equivalent to the same amount by planting the said mountain ginseng on the forest land located in Sungnam-si, Hanam-si, where the Defendant arbitrarily leased the Defendant, and instead embezzled it for the damage corporation.
Summary of Evidence
1. Part of the witness G's statement in the second trial records, the witness I, J's statement in the fourth trial records, the witness E's statement in the seventh trial records;
1. Protocol concerning the examination of suspects of D by the prosecution;
1. Two times each protocol concerning D concerning the examination of suspects of the police (No. 4,9 of the evidence);
1. Each prosecutor's statement concerning K and E;
1. Each police statement of J, I, K, and L (including two-time statements of the police statement of I);
1. A copy of the agreement (No. 3 of the evidence list, No. 30, 43 of the evidence) and the contract.