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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.
Reasons
Punishment of the crime
The Defendant, from June 8, 2010 to June 8, 2010, is a person who had been a 21 unit of 12 million won in a foot 12 million won.
Around February 8, 2012, the Defendant received an amount equivalent to KRW 11,80,000 from the members of the fraternity, including the Defendant, so the Defendant, the proprietor, even though there was a duty to pay the fraternity to the victim, who is the recipient of the last month, in violation of such duty, acquired property benefits equivalent to KRW 1,1,30,000,000,000, and suffered property damage equivalent to the same amount to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of examination of the accused by the prosecution (including the substitute part);
1. Each police statement of C or D;
1. Details of each passbook transaction, account books, number of days and copies of account books;
1. Application of Acts and subordinate statutes concerning the investigation report;
1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant has no record of being punished for the same crime; Article 62 (1) of the Act; Article 62 (1) of the Act