A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. Around December 30, 2009, the Defendant, at a certified judicial scrivener office located in Gyeonggi-do Co., Ltd. around December 30, 2009, performed the registration related to the sale and purchase of forests and fields in Gyeonggi-do between the seller E and the buyer corporation, and embezzled the same by voluntarily consuming the Defendant’s restaurant building construction cost, personal debt repayment, etc., on January 14, 2010, upon receipt of a request from the victim to the effect that “if a cemetery is unable to be buried, it would cause the buyer to pay the graveyard.”

2. Around January 14, 2011, the Defendant, at the above certified judicial scrivener office, embezzled the Plaintiff for voluntary consumption of the expenses incurred in constructing a restaurant building, personal debt, etc. in relation to the Plaintiff’s operation while receiving a request from the victim to the effect that “if a cemetery is unable to be removed, a graveyard in the above forest would be paid to the buyer,” and that the graveyard would be paid to the buyer.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Each real estate sales contract and each cash storage certificate;

1. Application of Acts and subordinate statutes to an investigation report (report on suspect interview);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] type 2 (not less than KRW 100 million but less than KRW 500 million) is the basic area (one year to 3 years).