However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The Defendant is a person who operated D Co., Ltd. from March 2008 to March 2012.

Around April 2009, the Defendant received a request from the victim C to sell 4,568 square meters (1,382 square meters; hereinafter “instant land”) in Seopopo-si E, Seopo-si, the victim’s ownership, to a third party. The Defendant sold the instant land to a third party, but the Defendant paid 2,730,000,000 won (an amount equivalent to 1.53 square meters per 3 square meters) out of the purchase price to the third party, and the part in excess is the Defendant’s share.

On June 15, 2009, the Defendant sold to F 200 million won (400 million won per 3.3 square meter) from among the instant land, and received 200 million won from that time until May 2010, 2010, the Defendant sold to F 1,653 square meters (50 square meters, divided into E on July 28, 2009).

The Defendant continuously sold 2,082 square meters (which is divided into 630 square meters, 12 November 12, 2010, G, H, and I on December 2, 2010) out of the instant land to J Co., Ltd. for KRW 127.2 million (2 million per 3.3 square meters) from that time until December 201, and received all KRW 127.2 million from that time until December 201.

The Defendant received total of KRW 327,200,000 from the purchase price of the instant land and kept KRW 169,50,000 equivalent to the victim’s share among them for the victim, and around that time, the Defendant paid KRW 51,00,000 to the victim and embezzled the remainder of KRW 118,50,000 as the Defendant’s company’s funds.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made to K in the police statement;

1. The entire certificate of the registered matters, the Jung Government District Court 201 High Order 1380, etc. [The defendant and his defense counsel] the details of account transactions [the defendant and his defense counsel are not requested to sell the land of this case by the victim, but purchased the land of this case, so the purchase price of the land in installments is owned by the defendant and the purchase price of the land received by the defendant can not be embezzled even if the defendant arbitrarily consumed it.