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

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

Punishment of the crime

On April 16, 2015, the Defendant: (a) at the Suwon-si World Cup 120, the public prosecutor’s office of the Suwon District Public Prosecutor’s Office (hereinafter “C”) opened a stock account in the name of the respondent and raised funds for the purpose of having C receive criminal punishment; (b) around January 7, 2014, the balance of the stock account at the time remains approximately KRW 6.5 billion; (c) the respondent changed the password of the stock account by the respondent. The petitioner filed a petition with C from January 10, 2014 to April 5, 2015. However, the petitioner filed a petition with C to return the amount of the stock account from January 10, 2014 to April 5, 2015, and submitted a petition stating that “The respondent punished C without returning it.”

However, in fact, C has already returned to the defendant through her husband D around November 28, 2014, which was before the submission of the above written petition, 725,348,240 won, which was in his own stock account.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Statement made by the prosecution with respect to F;

1. Statement made by the police on D;

1. Statement prepared by C;

1. Each description of a reply to the financial information inquiry council, a statement of transactions, a passbook, and a copy of a check;

1. Entry in the petition (in title 2 to 3 of the Investigation Record) and the application of the existing Acts and subordinate statutes;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of recommendations according to the sentencing criteria [the scope of recommendations] and the basic area of Type 1 (General Dismissal) (the scope of recommendations] shall be punished by imprisonment for six months to two years;

2. The crime of false decision-making is not only a crime that actively infringes on the criminal justice function of the State, but also a criminal suspect is at the risk of being subject to unfair criminal punishment.