A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant worked as the head of the office of the attorney-at-law office, and when the victim B operated the factory with the husband C while the creditor D applied for compulsory execution in the factory, the defendant filed a lawsuit against D on behalf of the victim against the third party (In Incheon District Court 2013Kadan43634) and filed an application for the suspension of compulsory execution (In Incheon District Court 2013Kaga1693).

On May 31, 2013, the Defendant stated that “In the neighboring office of the Seocho-gu Seoul Western Ambassador Distance, Seocho-gu Seoul Metropolitan Government, the Defendant made a request for the transfer of money to the victim as it is necessary to deposit in relation to the lawsuit by the third party against the Seoul Western District Court 2013Kadan43634.”

However, it was not necessary to deposit money because it was not required by the Incheon District Court in relation to the case, and the defendant was thought to use money for personal living expenses, etc. by receiving money.

The Defendant received from the victim the amount of KRW 15,50,000,000 and KRW 24.6 million in total, around June 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on the details of transactions of admission and withdrawal;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. Application of Article 62-2 of the Criminal Act to community service order;

1. Sentencing and recommending type of punishment based on sentencing guidelines: Amount of damage recovery (reduction elements) and range of recommending sentence that is very poor (serious factors): Imprisonment with prison labor for not less than six months to not more than one year and six months (basic area): Whether the reason for suspension of execution is comprehensively compared and assessed - Where the number of offenses is extremely poor, - Major reasons for exemption of punishment : Not agreement - Major reasons for exemption of actual damage: substantial small or significant damage.