A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On April 2, 2001, the Defendant: (a) sold D and E at the time of smuggling owned by the Defendant at KRW 62,242,00; (b) received full payment of the purchase price on the day; and (c) charged the victim with the duty to register the transfer of ownership.

Nevertheless, on April 15, 2014, the Defendant obtained a loan from the South-North Agricultural Cooperatives located in Pakyang-si, and set up a mortgage equivalent to 169,000,000 won for the maximum amount of the loan, thereby gaining profits equivalent to 40,000 won for the loan, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, farmland transaction contract, redemption agreement, real estate transaction contract, redemption receipt, and all certificates registered;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect financial transaction confirmation certificates);

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing guidelines [Types of Determination] Embezzlement Class 1 (In short of KRW 100,00) - In the case of embezzlement and breach of trust - [person subject to special sentencing] - Decision on the territory of mitigation / [Determination on the territory of recommendation] mitigation / [the scope of recommendation / [the scope of punishment] 1 month to 10 months [the person subject to general sentencing] - Where mitigation - falls not an occupational embezzlement or breach of trust / (whether the sentence is suspended or not] - Major reasons for mitigation - There are no criminal records above the positive suspension of execution : there

3. Although the maximum amount of the claim of the right to collateral security established by the act of breach of trust with a sentence is more than KRW 169 million, considering the fact that the defendant agreed smoothly with the victim, the defendant commits a violation of the Punishment of Violences, etc. in 1988, the defendant commits a violation of the Traffic Act in 2010, and only the punishment force imposed by the fine is imposed on the violation of the Road Traffic Act in 2010.