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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 becomes final and conclusive.
Reasons
Punishment of the crime
Around September 15, 2010, the Defendant purchased a 7055 square meters of the land in the name of the victim E and F, together with the G farming association, and jointly owned it with the victim E and F, sold the said forest land at KRW 160 million to H from June 3, 2013, the Defendant arbitrarily refused the Defendant’s request for the payment of KRW 160 million of the purchase price to the victims by receiving KRW 160 million of the said forest land from H on June 7, 2013; KRW 12,50 million of the same month; KRW 4,70 million of the same month; KRW 14,700,000 of the same month; and KRW 160,000 of the purchase price; and KRW 160,000 of the same month, KRW 300,000,000 of the victims’ embezzlement.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes on a real estate sales contract, three copies of all the registered matters, five copies of receipt, and the details of passbook transactions;
1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;
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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Type 2 (100 million won or more to 50 million won) (6-2 years) [Special Mitigation] in the mitigated area (6-2 years] (decision of sentence], or major damage recovery [decision of sentence] in a case where the defendant does not want the punishment by mutual consent with the victims; the defendant recognized the crime of this case; the defendant recognized the crime of this case; the defendant reflects his wrongness; the defendant's age, character and conduct, environment; the motive and circumstance leading to the crime of this case; and the circumstances after the crime, etc. shall be