The sentence of sentence against the defendant shall be suspended.

Of the facts charged, the occupational embezzlement is acquitted.

Punishment of the crime

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

On February 2, 2009, the Defendant obtained permission from the Busan Regional Land Management Office, which was the river management agency for the river site in Daegu-gun, to occupy and use approximately 36,200 square meters in the field of a river site in excess of the permitted area for occupation and use, the Defendant installed 5 pages in the camping-gu, 2 portable toilets, and 1 prefabricated-type buildings in excess of the permitted area for occupation and use.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. On-site photographs;

1. Application of Acts and subordinate statutes on permission for occupation and use of the head of Busan Regional Construction and Management Administration;

1. Article 95 of the relevant Act on criminal facts and subparagraph 5 of Article 95 of the River Act, which select a punishment, and Articles 33 (1) of the same Act;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (i.e., confession and penology, and the motive and circumstances thereof are examined, and the part of innocence is found as follows: (a) a number of people of the H Federation obtain convenience while using the camping site, and appeal the Defendant’s wife; (b) a long-term investigation and trial was conducted on suspicion of occupational embezzlement, as mentioned in the latter, but the Defendant was acquitted; and (c) the Defendant was remarkably guilty, such as minor criminal records, etc.

1. The Defendant, from January 1, 201 to December 31, 2011, was engaged in the business of managing the funds of the said legal entity from the victim H Federation and the HH Federation, an incorporated association (hereinafter “H Federation”) to the secretary general.

On January 3, 2011, the Defendant received from the Defendant’s Daegu Bank Account (I) the annual fees (gare 2,400,000 won per club) of the camping club, a social member of the H Federation, to transfer it to the Defendant’s Daegu Bank Account.