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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
1. The sentencing of the court below (the suspended sentence and the suspended sentence: the fine of three million won) is too unhued and unfair.
2. Ex officio determination
A. The victims of the period for filing a complaint are in a prison relationship with the defendant and the victims of the defendant's embezzlement of this case is valid only when a legitimate complaint is filed by the victims pursuant to Articles 328(2) and 361 of the Criminal Act.
It examines ex officio whether victims have lawfully filed a complaint within the period prescribed by the Criminal Procedure Act.
The main sentence of Article 230(1) of the Criminal Procedure Act provides that "no complaint shall be filed after the lapse of six months from the date on which a person becomes aware of a crime subject to victim's complaint," which means that a person who has a right to file a complaint is aware of a crime and a criminal is aware of a crime to the extent that he/she can file a complaint from the ordinary standpoint, and that a person who has a right to file a complaint is aware of a crime subject to victim's complaint
(2) In light of the above legal principles, the victims were aware of the criminal facts to the extent that they could file a complaint around August 201, 201. In light of the above legal principles, it is reasonable to deem that the victims were aware of the criminal facts of the Defendant to the extent that they did not have filed a complaint, and as long as the written complaint of this case was received on October 23, 2013, it is apparent that the period of the complaint of this case was not yet excessive, and thus, the complaint of this case is valid.
① After receiving land compensation on April 12, 2011, the Defendant transferred the victims a total of KRW 17 million to KRW 3,500,000 to KRW 3,600,000,000 to the victims, and the victims raised no objection in relation thereto prior to the time of the instant complaint.
(Evidence Record 172) Prosecution's interrogation protocol against the defendant