On March 25, 2008, F (Death on December 3, 2011), the former representative director of E-construction, concluded a sales contract with a content that purchases 106,810 square meters of forest land owned by G in Dongducheon-si, Dongcheon-si (hereinafter “instant real estate”) for KRW 2.984,88 billion and paid only the down payment.

On July 21, 2008, the victim IF entered into a sales contract with the victim I to sell 1,650 square meters of the instant real estate in KRW 100 million, and received KRW 100 million from the victim.

From January 14, 2010, the Defendant, while working as the representative director of the E-construction, carried out the business affairs of the said E-construction with F and was aware of the fact that E-construction sold 1,650 square meters of the instant real estate to the victim and received the payment of the purchase price from the victim. As such, the Defendant had the duty to prevent the transfer of the instant real estate from harming the registration of ownership to the victim, and preserve the instant real estate until the transfer of ownership to the victim is completed.

In breach of such duty, the Defendant paid the balance of the purchase price from E Construction to G, and on August 31, 2010, transferred the ownership of the instant real estate under the name of the said company on the same day with F, the Government Agricultural Cooperatives in E Construction, the amount of KRW 1.24 million from J, the amount of KRW 250 million from K, the amount of KRW 1.50 million from L, the amount of KRW 1.50 million from L, and the amount of KRW 1.612 billion from M, and the amount of KRW 375 million from the maximum debt amount to the Government Agricultural Cooperative in E Construction, and the amount of KRW 1.675 million from L, with respect to the instant real estate at Dongcheoncheon-si registry, the Defendant paid the remainder of the purchase price to G.