The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Punishment of the crime

In order to operate a general restaurant around June 2008, the Defendant did not confirm the exact personal relationship between the Defendant’s relative and the victim. As the Defendant and the victim are relatives, the possibility that the instant crime constitutes an offense subject to prosecution subject to prosecution cannot be ruled out.

Meanwhile, the period of repayment stipulated in the instant process deed is KRW 20 million on December 31, 2013, KRW 20 million on December 31, 2014, KRW 20 million on December 31, 2014, KRW 20 million on December 31, 2015, KRW 20 million on December 31, 2015, and KRW 20 million on December 31, 2016. The victim filed a complaint with the Defendant on December 27, 2016 on three occasions.

However, the main text of Article 230(1) of the Criminal Procedure Act provides that “No complaint shall be filed after the lapse of six months from the date on which the person becomes aware of the offense subject to victim’s complaint shall be filed.” Here, the meaning of criminal facts and criminal facts shall be deemed to have been committed to the extent that the person entitled to file a complaint can file a complaint from the ordinary standpoint of the person, and the awareness of criminal facts refers to a conclusive perception of facts that the person entitled to file a complaint has suffered from a crime subject to victim’s complaint (see, e.g., Supreme Court Decision 2010Do4680, Jul. 15, 2010). In light of the foregoing legal doctrine, the instant case is examined, the personal relationship between the Defendant and the victim, and the Defendant’s obligation to the victim on his/her own.

Considering the fact that the victim is believed to believe and wait for it, it is reasonable to view that the victim's complaint was filed within the period of accusation stipulated in the main sentence of Article 230 (1) of the Criminal Procedure Act.

In the case of taking over the right of lease for the store E located in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, which had been acquired by the injured party D upon the request of the injured party D, the amount of KRW 20 million out of the lease transfer price of KRW 110 million will last be 20 million.

“The right of lease of the said store was transferred by payment of KRW 90 million.

The Defendant is running restaurant business at the above store from around that time to September 201.