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 this judgment becomes final and conclusive.

Punishment of the crime

On June 1, 2012, according to the delegation of creditor D, the Defendant received a custody order for ginseng cultivated by the Defendant in the ginseng field with the sum of 2,170 square meters, namely, a total of 330 square meters of the ginseng field located in Ansan-si, G and H, and 1,070 square meters of the ginseng field located in G and H, and 2,170 square meters of the ginseng field in which the Defendant cultivated.

Nevertheless, around July 20, 2013, the Defendant sold to J part of the ginseng cultivated in the aggregate of 1,100,000 square meters of the ginseng field located in the above F and the ginseng field located in I and the ginseng field located in I, and sold to K a total of 1,070 square meters of the above G and H around July 22, 2013, part of the ginseng cultivated in the aggregate of 1,070 square meters of the ginseng field located in the above G and H were sold to K in KRW 29,00,000, and the remaining ginseng to KRW 32,668,000, respectively.

Accordingly, the defendant concealed his own goods ordered to be kept by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statement by prosecution;

1. Police suspect interrogation protocol against J;

1. Statement made to D by the police;

1. A summary of each telephone recording statement;

1. A complaint;

1. Report on attachment of corporeal movables and report on inspection of seized objects;

1. Ginseng field photographs, and ginseng mining site photographs;

1. A ginseng sales contract;

1. Application of Acts and subordinate statutes to the transaction statement of passbooks;

1. Relevant Articles of the Criminal Act and Article 142 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The fact that all the proceeds of selling the ginseng of this case appears to have been used for the defendant; circumstances that are favorable to the fact that the market price of the concealed goods is not significant: the time of committing the crime; the fact that there is no previous conviction exceeding the fine of the defendant; and the creditor has recovered the equivalent amount among the claims.