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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
From January 25, 2018, the Defendant appeared and taken an oath as a witness of a case of occupational embezzlement, etc. against the aforementioned court 2017 Godan1574B, etc., the Defendant, the head of the management office, and B, the president of the C management body, embezzled the amount of KRW 60 million of the C management body, but the Defendant lent KRW 60 million to B, was believed to have been unaware of the said amount as the capital of the C management body.
Summary of Evidence
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Application of Acts and subordinate statutes to a criminal investigation report (including partial copies of court records), criminal investigation report (2017 senior group 1574, senior group 2017 senior group 1574, senior group 2017 senior group 2017 senior group 1574, senior group 2017 senior group 1574, senior group 2017 senior group 1574, investigative
1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 of the Election of Imprisonment;
1. On January 12, 2017, the reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she was sentenced to two years of imprisonment for a year of suspension of execution due to occupational embezzlement of KRW 60 million, which was sentenced to two years of imprisonment on January 20, 2017, and the judgment became final and conclusive on January 20, 2017, and was still subject to suspension of execution; the perjury in a criminal trial makes it difficult to discover substantive truth; the perjury in a criminal trial is detrimental to the court’s judicial function as to the appropriate exercise of penal authority; the nature of the crime is not easy; and the Defendant does not seem to seriously reflect while denying the
On the other hand, the fact that the defendant's perjury does not affect the result of the trial, and that there is no record of criminal punishment in addition to the suspended sentence is favorable to the defendant.
In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.