As the representative director of Nonindicted Co. 1 established for the purpose of real estate business, the Defendant was in a position to manage all of his duties including the execution of funds for Nonindicted Co. 1.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

On June 4, 2003, Nonindicted Co. 1, 2003 (hereinafter “victim”) and the Seoul Gangnam-gu Seoul Metropolitan Government (hereinafter “1 omitted), the land purchase jointly carried out the new construction sale business of YUtel and commercial buildings, etc. on the ground, and the land purchase is supervised by Nonindicted Co. 1, but the victim decided to make a prior investment in land, and jointly supervise the project financing and business plan, and the sale business, and Nonindicted Co. 1 entered into a joint implementation agreement with the victim to take charge of the construction.

On the other hand, the funds related to joint projects, such as the sale price, are to be deposited and managed in the deposit account (○○ Bank and △△△ Bank Account) jointly managed by Nonindicted Co. 1 and the victim, and the distribution of business profits after the completion of the project was agreed to be distributed at the rate of 5% and 45% of the victims.

In addition, on March 23, 2005, the non-indicted 1 corporation received the notification that the non-indicted 1 corporation failed to pay the project financing interest and constitutes a cause for loss of the term interest from the ○○ bank, and the non-indicted 1 corporation received the notification that it constitutes a cause for loss of the term interest from the ○○ bank, takes charge of the rental business, civil petition processing business, and sales support as the owner, and all of the rights (such as the establishment of a plan for sale, the selection of a sales agency, the determination of the sale price, etc.) to the above officetels and the commercial building

In addition, on June 23, 2006, the non-indicted 1 corporation agreed to entrust the sale of commercial buildings and officetels to the victim who did not deposit the value-added tax refund in the business account.

As above, Nonindicted Co. 1 and the victim possessed the status of promoting a business through mutual cooperation as joint business operators of Yeong-si Office and business establishment, and the Defendant, as the representative director of the said Nonindicted Co. 1, was obligated to deposit and manage various proceeds, such as sales price and additional tax refund, acquired through joint business, into the joint business account.

A. On July 22, 2003, the Defendant received KRW 200 million from Nonindicted 3 to the head of the account of Nonindicted Company 1 in the office of Nonindicted Company 1, which was operated by the Defendant of Gangnam-gu Seoul Samsungdong (hereinafter 2 omitted), for the purpose of selling in lots, from Nonindicted 3, the said amount was not deposited into the joint business account but used at will as the operating fund of Nonindicted Company 1 at that time.

The Defendant, as described in the attached list of crimes (1) from July 22, 2003 to September 18, 2006, received from six persons a sum of 2,359,100,000 as the sale price, and used it arbitrarily as the operation fund of Nonindicted Co. 1.

B. On August 23, 2006, the Defendant received value-added tax of 106,870,620, and 1,372,880,960, and 23 February 2007, value-added tax of 1,372,880,960 for the second quarter of 2006, and 2,957,574,020 won for the first quarter of 2007, and 319,462,640 won for the second quarter of 207, including refund, etc. of value-added tax of 319,468,240 won for the second quarter of 207, and kept in custody of 1,756,78,240 won for the business as value-added tax, and did not deposit it with the account at the time of the operation of the corporation without its own discretion.

C. On June 25, 2008, at the office of the above non-indicted 1 corporation, part of the building of the above non-indicted 1 corporation was temporarily lent to the non-indicted 9 corporation, received rent of KRW 24 million from the non-indicted 1 corporation, and used the above money for the operation of the non-indicted 1 corporation without depositing it into the joint business account, while carrying out business.

D. On June 27, 2008, at the office of the above non-indicted 1 corporation, part of the building of the above non-indicted 1 corporation was temporarily lent to the non-indicted 10 corporation, and received the rent of KRW 44 million from the office of the non-indicted 1 corporation, and used the above money for the operation of the non-indicted 1 corporation at its own discretion without depositing it into the joint business account in the course

Accordingly, the Defendant embezzled KRW 7,183,88,240 on duty.

2. Violation of the Control of Illegal Check Control Act; and

On April 14, 2008, the above non-indicted 1 corporation office of the above non-indicted 1 corporation, the defendant issued a one copy of the number of shares issued "non-indicted 1 corporation representative director, non-indicted 11 corporation representative director, non-indicted 14, and issued a supplementary note indicating that the 15 billion won out of the 24 billion won sale price will be paid until May 15, 2008, and the 9 billion won will be paid until June 30, 2008 in order to secure the above payment obligation of the sale price, and issued a supplementary note to the non-indicted 2 in order to secure the above payment obligation of the sale price." The defendant issued one copy of the number of shares issued "non-indicted 1 corporation, the representative director of non-indicted 11 corporation, the representative director of non-indicted 14, the non-indicted 2 corporation, and if the defendant fails to perform his obligation, he can not exercise the right to supplement the bill by stating in blank from the non-indicted 2 corporation.

However, Nonindicted Co. 11 did not pay the sale price until the date of the agreement, and lost the profits from the non-indicted Co. 1’s nonperformance from the Korea △△ Bank on September 22, 2008. Accordingly, Nonindicted Co. 2, who was notified of the guarantor Nonindicted Co. 2 to repay the debt amounting to KRW 120 billion, stated the date of issuance of the said check as “ September 26, 2008,” and presented a proposal for payment to the Samsungdong Branch of △△ Bank on September 26, 2008.

On September 26, 2008, the Defendant submitted a false check accident report to the financial institution, stating that “The check was issued by a person who is not authorized to issue the check at will,” at the point of Samsung Dong, Samsung-dong, Gangnam-gu, Seoul, △△△ Bank, which was located in Samsung-dong, submitted a false report on the check accident report.

[Case of 209 Highly 1503]

The defendant is an employer who operates a sports center by employing 40 full-time workers under the trade name of Gangnam-gu Seoul (hereinafter referred to as Nonindicted Co. 11 omitted).

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant provided labor in the above company from April 15, 2008 to June 12, 2009, and did not pay KRW 7,285,041 to non-indicted 33 retired from office, and did not pay KRW 117,06,127 in total for 14 workers as stated in the attached crime sight table (2) within 14 days from the date of retirement without any agreement between the parties on the extension of the date.

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 16 and 38

1. Each statement of the suspect interrogation protocol against the defendant (including Nonindicted 38, 11466, 116509 among the first interrogation protocol of the suspect interrogation of the defendant, Nonindicted 38, 16, and 17 among the second interrogation protocol of the suspect interrogation of the defendant, Nonindicted 38, 18, and 16 of the second interrogation protocol of the suspect interrogation of the defendant, Nonindicted 16 of the third interrogation protocol of the suspect interrogation of the defendant, Nonindicted 16 of the third interrogation protocol of the suspect interrogation of the suspect interrogation of the defendant, Nonindicted 22171 and No. 12 of the 2009 type No.

1. Statement of the suspect interrogation protocol on Nonindicted 15 by the prosecution

1. Each statement made by the prosecutor on Nonindicted 19 (Non-Indicted 16, 38), Non-Indicted 20, and 16

1. Each description of the statements in Nonindicted 21 (217 pages, 234 pages) and Nonindicted 39 (758 pages)

1. Each investigation report (1301 pages), each statement on confirmation of the receipt of a contract for construction works submitted by the complainant, Nonindicted Co. 1’s red control project (1564 pages), Nonindicted Co. 22, 3, and 8 currency reports (1569 pages), Nonindicted Co. 1 and Nonindicted Co. 11, and each statement on confirmation of the relationship between Nonindicted Co. 1 and Nonindicted Co. 11 (1571 pages), the attachment of the contract for construction works submitted by the complainant, and the filing of a copy of the deposit statement of rental fees).

1. 공동사업이행협약서(20, 425쪽), 입주지원 협조요청의 건(26쪽), 각 오피스텔 입주자 소유권 이전요청의 건(27, 30, 35, 44쪽), 각 확인서(28, 31, 32, 36, 37쪽), 각 확약서(29, 34쪽), 입금표(48쪽), 현금보관증(49쪽), 각 영수증(52~58쪽), 청담 □□□ 분양대금 등 환입 관련의 건(59쪽), 2006. 12. 22.자 대출 및 사업약정서(61, 648쪽), 2006. 6. 23.자 합의서(70, 452쪽), 2006. 10. 9.자 □□□ 사업약정 변경합의서(72, 454쪽), 2006. 12. 22.자 합의서(76쪽), 청담복합빌딩 사업운영 협조이행의 건(79쪽), 청담동 복합빌딩 신축사업의 부가세 환급분 입금처리의 건(81쪽), □□□ 오피스텔 수분양자 분양대금 선수금 회입의 건(82쪽), 공소외 2 주식회사 명의 ○○은행계좌 거래내역(공동사업계좌)(83쪽), 대관계약서(84쪽), 도급공사비 미수 금액 현황(98쪽), 각 법인등기부등본( 공소외 2 주식회사, 공소외 1 주식회사, 공소외 11 주식회사(99, 128, 132쪽), 인증서(136, 522쪽), 공정증서(141쪽), 백지당좌수표 보충권 수여증(146, 527쪽), 당좌수표 사본(147쪽), 어음·수표사본 신고서(148쪽), 임대차계약서(197쪽), 2003. 7. 30.자 프로젝트 파이넨싱 사업약정서(219쪽, 431쪽), 견본주택 임대차계약서(236쪽), 부동산임대차 및 관리계약서(241쪽), 건의서(242쪽), 견적서(243쪽), ▽▽빌딩 임대차계약서(244쪽), 무통장입금증(257쪽), 각 자금집행요청서 날인 요청의 건(259쪽, 313쪽), 사무실 공동사용에 따른 업무처리기준(264쪽), 공소외 2 주식회사 계좌내역(266쪽), □□□ T/F팀 조직도(267쪽), 2007. 3. 29.자 □□□ 운동시설 공급계약서(297, 467쪽), 2006. 10. 27.자 □□□ 운동시설 공급계약서(305, 464쪽), 자금집행요청서 날인 요청의 건(313쪽), 2005. 3. 23.자 합의서(349, 447쪽), 업무분장규정(354쪽), 사업약정변경합의서(356쪽), 조직도(360쪽), 대위변제확인서(365, 673쪽), 각 대출상환확인서(366, 367, 680, 681쪽), 대여금 요청공문(475쪽), 소비대차약정서(476쪽), 통보서(478쪽), 해지통보(479쪽), 각 조직도 및 업무분장규정(481쪽), 상환계획공문(516, 568쪽), 각 기한이익 상실통보(527, 528쪽), 해지통보(530쪽), 해지통보 철회의 건(531, 705쪽), 상환현황(569쪽), 장기연체자 처리공문(570쪽), 공문수령기준(576쪽), 각 공문(583~636쪽), 공소외 1 주식회사 △△△은행계좌 거래내역(1164쪽), 사실확인서( 공소외 4, 1224쪽), 사실확인서( 공소외 3, 1226쪽), 통고서(1303쪽), 내용증명(1308쪽), 공동사업 운영계좌 공소외 1 주식회사 급여 지급내역(1345쪽), 각 지급요청 날인공문 및 급여지급 확인서(1346~1370쪽), 사용내역(1371~1412쪽), 운동시설 관련 공소외 1 주식회사와 공소외 2 주식회사 간의 수발신공문(475~507쪽), 변경 공사도급계약서(589쪽), 부동산관리 및 처분신탁계약서( ○○은행, 공소외 1 주식회사), 부동산 담보신탁계약서( △△△은행, 공소외 1 주식회사), 부동산매매계약서, 각 등기부등본, 각 분양계약서의 각 기재

[209Gohap1503]

1. Statement of the accused in the first protocol of trial;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police on Nonindicted 23

1. Each statement of Nonindicted 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37

Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355(1) of the Criminal Act (the occupational embezzlement, the choice of limited imprisonment), Article 4 of the former Control of Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010); Articles 109(1) and 36 of the Labor Standards Act (the occupation of violation of the duty to liquidate money and valuables, the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with the largest punishment]

1. Discretionary mitigation;

Articles 53 and 55(1)3 (C) of the Criminal Act

(a) Facts of recognition;

Based on the foregoing evidence, the following facts may be acknowledged:

1) Conclusion of all agreements related to the instant business

A) Conclusion of the instant joint project implementation agreement

On June 4, 2003, Nonindicted Co. 1 and Nonindicted Co. 2, which the Defendant operated, entered into an agreement on the execution of joint projects (hereinafter “instant agreement on the execution of joint projects”) with the following contents on the ground of Gangnam-gu Seoul (hereinafter omitted).

Article 2 Business scale and Method

(1) Location: Gangnam-gu Seoul (hereinafter referred to as "1 omitted)

(2) Scale: 41.5 billion won (land: 1,319.3 square meters, unit price: approximately 31,456,00 won/pact) for land.

(3) Methods: Joint development projects.

Article 4 Scope of Business

Non-Indicted 1 Stock Company (A) and Non-Indicted 2 Company (2) in charge of the purchase of land in charge of the purchase of land and joint business planning affairs, including M/H M/H lease, construction, operation, joint advertisement/advertising/public relations/management affairs in charge of the joint execution of the civil petition settlement of civil petitions, and management by the operation of civil petition funds and financial rights or real estate trust and agency affairs for the construction of construction design, supervision design, supervision design, interior design, supervision, design and supervision of interior design/permission.

Article 5 Purchase of Land

(1) The purchase of a project site shall be conducted with the cooperative system between "A" and "B" to perform contractual affairs, and consultation and purchase-related affairs with land owners shall be managed by "A", and the purchaser of a contract shall be the joint name of "A" and "B", and the transfer of ownership shall be dealt with in the name of "A".

(2) "B" shall lend a down payment at the time of the conclusion of the purchase of a site, and shall pay the balance through profining with a financial right by the date of the balance payment within two months after the contract.

(3) The term "A" shall refer to the submission of a document guaranteeing the payment of the remainder within the deadline of a financial right (domestic bank, insurance company, guarantee insurance, etc.) within ten days from the date of conclusion of the contract.

Provided, That where "A" is requested, "B" shall provide documents guaranteeing payment for the remainder payment.

Article 6 Business Planning and Design Affairs

Business planning, architectural design and interior design for the project shall be jointly cooperation between "A" and "B", and supervision shall have the responsibility and authority of "A".

Article 7 Affairs concerning Authorization and Permission for Rental

(1) All rental business affairs, including business affairs concerning the merger and division of a part in connection with the application of a commercial area, shall be responsible for and carried out in A, and "B" shall be actively engaged in business cooperation and support.

(2) Where the business is suspended due to the problems of authorization or permission for the rent, all of the liabilities therefor shall be held in A, and the investment expenses of “B” inserted up until then shall be settled and compensated for “B”.

Article 8 Sales of Goods

(1) The lease, operation, and management of the site of a model house shall have joint responsibilities and authority over the lease, operation, and management of the site of a model house.

(2) Advertising, public relations and sale affairs shall be jointly managed through consultation between "A" and "B".

Article IXConstruction Works

(1) Construction shall be executed in accordance with a separate construction contract with "A" as "execution company" and "B" as "project owner", and all responsibilities and authority shall be implemented in accordance with the terms and conditions of the contract.

Article XOperation and Management of Funds

The term "A" and "B" shall enter into a loan agreement with a financial institution at the time of real estateing, and immediately after the transfer of ownership, and shall manage the funds through a separate agency and agency contract.

Article 11 Distribution of Business Profits

The distribution of profits of this project shall be 5% at the time of completion of the project at the success rate, and 45% at the time of completion of the project.

Provided, That the corporate operation expenses of "A" shall be determined at the later consultation.

Article 12 Termination of Contracts

The term "A" and "B" may terminate this Convention if there is any difference between "A" and "B" in promoting a joint project after a land sales contract is concluded and before the date of the remainder payment.

In such cases, "A" shall pay the sum of the principal borrowed to "B" and the amount calculated by applying the corporate bonds interest rate of BB grade 3 months from the date of borrowing to the date of payment to "B" within 15 days.

B) Conclusion of construction contract

On June 4, 2003, Nonindicted Co. 1 and Nonindicted Co. 2 concluded the said joint project execution agreement with respect to the construction of the Cheongdodong Building Building, separately from the said joint project execution agreement, they entered into a construction contract with Nonindicted Co. 1 Co. 2 as the contractor, Nonindicted Co. 2 as the contractor, and the construction amount of which is KRW 80.3 billion (including value-added tax).

C) Conclusion of project financing business agreements

On July 30, 2003, ○○ Bank, Nonindicted Co. 1, and Nonindicted Co. 2 concluded a business agreement (hereinafter “instant P/F business agreement”) with ○○ Bank, Nonindicted Co. 1, as “B,” and Nonindicted Co. 2, as “B,” in order to provide P/F loans and joint management of business expenses.”

Article 2-1 Loans to “A”

(1) In relation to the acquisition of a project site, “A” means the lending of a gold million won (Won 25,000,000,000) required for “A” to “B” for the purpose of and for the payment of an intermediate payment and/or any balance pursuant to the “Real Estate Sales Contract” in relation to the acquisition of the said site for the purpose of acquiring the said site for the purpose of “B”. The contracting parties shall comply with the terms of the “Agreement on Loan” with respect to payment of interest, redemption of principal, default on obligations, and other specific matters concerning the said loan.

§ 2-2. Registration of a management and disposal trust with “○ Bank” as a trustee

(1) “A” shall enter into a disposal trust agreement with “○ Bank” as an object of trust with “○ Bank”, and shall make a management and disposal trust registration with “○ Bank” as an object of trust in accordance with the relevant disposal trust agreement, and at the same time make a loan to “loan agreement amount” as an object of the project site as an object of trust.

Article 3-1 Sales Affairs

(1) "A" shall perform the sale of objects of sale after the conclusion of this Agreement, and submit a report on sale to "B" once a month: Provided, That in the case of selecting a sales agent, "A" and "B" shall be determined through consultation, and shall be notified to "B".

(2) “A” shall consult with “B” and notify “B” of the details thereof when determining the sale price and preparing a contract for sale in lots.

(3) "A" or an agent for parcelling-out shall have all other cash, including the receipt of the down payment, deposited in an operation account", and the parties to the contract shall recognize only the parcelling-out to the applicant for parcelling-out deposited in the operation account as the parcelling-out.

Article 3-2. Disposition of "property to be sold" in the event of default

(1) In the event of “reasons for Default” of “A” or “the principal and interest of a loan” of “lease” remaining until the completion of the “business building,” the “A” shall grant the authority of an agent or agent for sale, lease, and other disposal of the object which has not been sold until that time, to “B”, and the disposal proceeds concerned shall be used first in the repayment of the “principal and interest of a loan” of “B”, notwithstanding the provisions of other provisions of the “Agreement.” The “lease” may delegate the authority under this Article to a third party.

Article 4-1 (Operation of Operation Account)

(1) All revenues related to “A”-raising funds, sales proceeds paid by buyers, overdue charges of buyers, interest income of financial institutions, value-added tax refunds, etc. shall be deposited into “Operational Account”.

(2) The term “○○ Bank” which is a financial institution that opens an “Operation Account” shall prepare “A” and “B” at the time of issuing a passbook “Operation Account” and shall take electronic data or other measures so that deposit money of “Operation Account” may be withdrawn only when a written request for funding execution is submitted according to the details and form prescribed in attached Form 2. The confirmation of the head of the real estate financial team at “○○ Bank” shall be affixed, and the “parties to the contract” shall consent thereto.

(3) The parties to a contract shall specify in a contract for sale the terms "operating account" in paragraph (1) of this Article and specify the terms "no deposit or payment in any form which is not deposited into the same deposit account shall be admitted as legitimate payment."

Article 4-2 Execution Method of Project Costs

(1) In principle, “party to a contract” shall execute funds in the following order, but if necessary for the execution of senior funds in managing the funds of “this project”, it may hold the execution of subordinated funds, and if it is anticipated that the execution of the execution item of the senior funds which comes later at the date of payment is difficult at the time of the execution of the funds for the execution item of the subordinated funds for which the date of payment comes, the “party to a contract” may execute funds after the execution item of the corresponding subordinated funds last at the date of payment. The change in the execution order described in this paragraph is only possible under the agreement of “A”, “B” and “B”.

1. Fees, taxes, public charges, contributions, registration expenses, design, supervision expenses, authorization, permission expenses and other urgent administrative affairs costs related to loans related to “this project”;

2. Interest related to loans (including interest in arrears) to “A”’s “B;

3. “A” principal for “A”

4. Construction expenses incurred in performing the project;

5. Other expenses.

§ 5-1. Establishment of pledge rights to “Operation Account”

(1) “A” and “B” shall enter into a “contract to establish a pledge of deposit claims” in accordance with the contents and form prescribed in attached Form 3. In order to secure the performance of the obligation to repay the principal and interest of a loan and any other obligation (hereinafter referred to as “security obligation”) as stipulated in this Agreement and the “Loan Agreement” from “B” and “B”, while the “party to a contract” shall agree thereto.

(2) Notwithstanding the preceding paragraph, the term "operating account" shall be governed by Chapter IV before the occurrence of "reasons for default."

§ 5-3. “A” acquisition of “security obligations” in Article 5-3.

(1) “B” shall immediately be jointly and severally acquire “B” any cause or event of loss of the benefit of time or nonperformance, or (2) where the completion of authorization and permission of the project of this case and the sale rate of apartments and officetels is not achieved by the end of April 2004.

D) Conclusion, etc. of a written agreement on March 23, 2005

Since then, Nonindicted Co. 1 and Nonindicted Co. 2 generated a cause for loss of the benefit due to the project strike loan due to the aggravation of the sales rate of officetels and the financial standing of Nonindicted Co. 1. On March 23, 2005, they drafted an agreement containing a content of re-sharing the roles and duties of Nonindicted Co. 1 and Nonindicted Co. 2, and changing the name of the joint management account into Nonindicted Co. 2. On June 23, 2006, the agreement containing a content that Nonindicted Co. 1 would entrust the sale of commercial buildings and officetels to Nonindicted Co. 2. After the completion of re-convening between Nonindicted Co. 1 and Nonindicted Co. 2. Pursuant to the agreement on the alteration of the business agreement of △△ on Oct. 9, 2006, Nonindicted Co. 1 and Nonindicted Co. 2 re-consigned the sale price from the end of October 3, 2006 to the sale price of the sports facilities to at least one billion won.

(ii)purchase of land, etc.

Nonindicted Co. 1 and Nonindicted Co. 2 purchased real estate from the previous owners of Gangnam-gu Seoul Metropolitan Government (hereinafter omitted) and on the ground in accordance with the instant joint project implementation agreement, around June 2003, the buyer prepared a real estate sales contract under the joint name of Nonindicted Co. 2 and Nonindicted Co. 1, and the transfer registration of ownership on the said real estate was implemented in the sole name of Nonindicted Co. 1 in accordance with the said joint project implementation agreement. At the time of the purchase of the said real estate, Nonindicted Co. 2 lent the down payment of KRW 3 billion to Nonindicted Co. 1, and the balance of KRW 38.5 billion was paid as a loan for project financing under the instant joint project implementation agreement.

(iii) the operation, etc. of Cheongdam/F Team

Pursuant to the agreement on the execution of the instant joint project, between August 6, 2003 and August 6, 2009, Nonindicted Co. 2 and Nonindicted Co. 1 made up of the employees of Nonindicted Co. 1 and Nonindicted Co. 2 Co., Ltd. to jointly carry out the business planning, sale management, publicity, construction, and interior, etc., and the payment to the employees of T/F team was made out of the joint operational funds of Nonindicted Co. 2 and Nonindicted Co. 1. In addition, in the sales contract at the time of the sales contract, Nonindicted Co. 1 and Nonindicted Co. 2 Co. 2, a contractor, jointly affixed their seals on the seller’s column.

(iv) acceptance of project financing loans.

Nonindicted Co. 2 acquired all obligations of Nonindicted Co. 1, the borrower, in accordance with the instant P/F business agreement, etc. due to the failure to repay the project financing loans of Nonindicted Co. 1, and repaid all of the P/F loans KRW 120 billion on October 22, 2008.

5) Receipt and use of the Defendant’s sales price, etc.

The defendant asserts that the above amount is KRW 220 million for non-indicted 3, KRW 220 million for non-indicted 4, KRW 3120 million for non-indicted 5, KRW 314 million for non-indicted 6, and KRW 500 million for non-indicted 7, but the above argument is not accepted in light of the fact that the sales contract was entered into with the number of units and the receipt, deposit sheet, cash storage certificate for the above buyers, and the date and time stated in the above criminal facts, the value-added tax refund (which was paid from co-operation funds at the time of payment of value-added tax) and rent, rent (hereinafter referred to as "the above money of this case") are paid as stated in the above criminal facts.

Non-Indicted 20, 205, 205, 205, 208.1, 205, 205, 205, 20, 305, 207, 205, 205, 60, 205, 206, 70, 205, 205, 206, 205, 206, 205, 7, 205, 30, 205, 206, 205, 30, 205, 205, 205, 205, 205, 206, 305, 205, 205, 306, 205, 205, 306, 205, 205, 205, 205, 206,

The Defendant did not deposit the instant money into the joint management account, and disbursed it as operating expenses of Nonindicted Co. 1 without prior approval of Nonindicted Co. 2 and ○○ Bank.

B. Determination as to whether the case constitutes a partnership business property

1) Defendant’s assertion

The Defendant asserts that the instant money constitutes a sole ownership of Nonindicted Co. 1, both inside and outside of the country, since it constitutes a refund for the sale price and rent, rent, rent, or value-added tax paid in the sole name as an executor with the authority to sell, lease, or lease the money, which Nonindicted Co. 1 received in the sole name, and that Nonindicted Co. 1’s arbitrary use of the money without depositing it in the joint management account constitutes a non-performance

2) Determination

(1) The above facts are as follows: ① the agreement was entered into between Nonindicted Co. 1 and Nonindicted Co. 2 for the first time on the execution of the instant joint project, which was approved by Nonindicted Co. 2; ② the method of promoting the instant joint project is set forth in Article 2; Nonindicted Co. 1’s land purchase; Nonindicted Co. 2’s business plan; advertisement, publicity, and sale of the instant land were set out in the name of Nonindicted Co. 2; and Nonindicted Co. 3’s joint business with the view to jointly executing the instant joint project; and Nonindicted Co. 2’s joint business with the view to jointly executing the instant joint business, on the premise that the instant joint business was carried out by Nonindicted Co. 1 and Nonindicted Co. 2; and Nonindicted Co. 3’s joint business with the view to the fact that the title of the instant joint business was carried out under the name of Nonindicted Co. 2 and the title of the proprietor of the instant joint business, and Nonindicted Co. 1 and the title of the sales contract was jointly carried out.

In full view of these circumstances, the relationship between Nonindicted Co. 1 and Nonindicted Co. 2 in the instant project cannot be deemed to have existed in the relationship between the Si and the Si, and the relationship between Nonindicted Co. 1 and Nonindicted Co. 2 in accordance with the agreement on the execution of the instant joint project cannot be deemed to have been established in accordance with the agreement on the execution of the instant joint project. Therefore, it shall be deemed that Nonindicted Co. 1 and Nonindicted Co. 2 had a partnership for the purpose of jointly performing the instant

Therefore, the instant money, which is a profit from the above business relationship, constitutes a partnership property belonging to Nonindicted Co. 1 and Nonindicted Co. 2, and Nonindicted Co. 1 was in the position of a custodian for the said company.

Therefore, we cannot accept this part of the defendant's argument.

C. Determination as to whether illegal acquisition intent is recognized

1) Defendant’s assertion

The defendant asserts that the defendant did not have any intention to acquire unlawful profits since he only spent the funds in this case as expenses related to the business of the non-indicted 1 corporation, such as operating expenses of the non-indicted 1 corporation.

2) Determination

As seen earlier facts, the instant joint project implementation agreement and the P/F business agreement have to deposit and manage all revenues related to the instant project, including funds raised by Nonindicted Co. 1, sales proceeds paid by buyers, arrears of buyers, interest income of financial institutions, value added tax refunds, etc., into the operating account. The operating funds provide for the method and procedure for management and use of the instant funds, such as allowing Nonindicted Co. 1, Nonindicted Co. 2, and ○ bank to be withdrawn only with confirmation of the third parties. With regard to the purpose of the project funds, unless there is a change by agreement between Nonindicted Co. 1, Nonindicted Co. 2, and ○ Bank 3, unless there is an urgent change in the use of the project funds, ① fees, taxes, public charges, registration expenses, design, supervision expenses, authorization expenses and other urgent payment expenses related to the instant project, ② interest related to loans to ○○ Bank of Nonindicted Co. 1, ③ principal of loans to Nonindicted Co. 1, ④ construction expenses, ⑤ construction expenses, and other expenses for the execution of the project funds in order.

Considering such circumstances and the fact that the instant money in a partnership business relationship between Nonindicted Co. 2 and Nonindicted Co. 1 is a business property, the act of arbitrarily using the instant money by Nonindicted Co. 1 in violation of the method of, procedure for and purpose of keeping, using, and using the said funds is an act of realizing the intent of unlawful acquisition, and thus constitutes embezzlement. Even if there was an agreement between Nonindicted Co. 1 and Nonindicted Co. 2 on partially subsidizing the operating expenses of Nonindicted Co. 1 or making settlement of the profits and losses between Nonindicted Co. 1 and Nonindicted Co. 2 without such settlement of profits and losses, and even if there was no agreement on prior payment of operating expenses and profits between Nonindicted Co. 1 and Nonindicted Co. 2, as long as one of the Defendant used the instant money at will, without permission of the Nonindicted Co. 2 Co., Ltd., the Defendant is liable for the crime of embezzlement.

In addition, it cannot be deemed that the defendant did not have any intention to acquire unlawful profits solely on the ground that the defendant paid expenses directly or indirectly related to the business of this case, such as operating expenses of the non-indicted 1 corporation, instead of paying the funds in personal interest.

Therefore, we cannot accept this part of the defendant's assertion.

2. Violation of the Control of Illegal Check Control Act

A. Defendant’s assertion

The check of this case was issued for the purpose of guaranteeing the payment of the purchase price of Nonindicted Co. 11 and delivered to Nonindicted Co. 2. As the sales contract was terminated on September 22, 2008 with Nonindicted Co. 2 to Nonindicted Co. 11, the sales price obligation of Nonindicted Co. 11 and the guarantee obligation of Nonindicted Co. 1 was terminated, the Nonindicted Co. 2 lost the right to supplement the above check of sale price offered as security. Accordingly, the supplementary entry of Nonindicted Co. 2 Co. 2’s check of sale price in September 26, 2008 constitutes an exercise of the right to supplement the check of a non-authorized person, and submission of the check report of the same day constitutes a false report, and the Defendant did not have any knowledge of the false report.

(b) Fact of recognition;

As seen earlier, the following facts can be acknowledged.

1) According to the agreement between Nonindicted Co. 1 and Nonindicted Co. 2 on March 23, 2005 and the agreement on June 23, 2006, the entire right to sell the instant business was transferred from Nonindicted Co. 1 to Nonindicted Co. 2, Ltd., and according to the agreement on the modification of the agreement on the business agreement on October 9, 2006, Nonindicted Co. 1 entered into a sales contract on condition that it would enter into a sales contract at a price of at least 30 billion won by the end of October 2006 on the sports facilities on condition that the person in charge of selling the instant business was re-converted from Nonindicted Co. 2 to Nonindicted Co. 1.

2) On October 27, 2006, Nonindicted Co. 1 entered into a contract with Nonindicted Co. 15 on the supply of sports facilities in Dogsung with the seller and Nonindicted Co. 15 as the purchaser of Nonindicted Co. 1, and with the supply price of the sports facilities at KRW 30 billion (excluding value-added tax). After that, according to the supply contract with the sports facilities in Dogg agreement on March 29, 2007, the purchaser of the said supply contract was changed from Nonindicted Co. 15 to Nonindicted Co. 11.

3) After delay in the payment of the first intermediate payment, Nonindicted Co. 1 received a loan from Nonindicted Co. 2 with the guarantee of Nonindicted Co. 2, and paid the first intermediate payment KRW 3 billion. After which Nonindicted Co. 11, by selling membership of the said sports facility, the said sports facility was sold in lots, but Nonindicted Co. 11 did not pay the second intermediate payment and the remainder after the second intermediate payment in total KRW 24 billion.

4) On April 14, 2008, Nonindicted Co. 1, Nonindicted Co. 11, Nonindicted Co. 2, Defendant, and Nonindicted Co. 14 in response to the demand for the payment of intermediate payments and remaining payments of Nonindicted Co. 2, Ltd., written the following agreements.

1. Nonindicted Co. 1 and Nonindicted Co. 11 shall deposit KRW 15,00,000,000 as the sale price for sports facilities to Nonindicted Co. 2 on May 15, 2008, and KRW 9,000,000 until June 30, 2008, and each party’s shares and bills are submitted to Nonindicted Co. 2 in order to secure this, and immediately after the conclusion of this agreement, they shall be notarized including the acceptance of compulsory execution.

2. Nonindicted Co. 11 is jointly and severally liable for the joint and several liability of Nonindicted Co. 1 and Nonindicted Co. 11 for all of the obligations of the said check and bill when the check and bill of shares issued by Nonindicted Co. 11 are defaulted, refused to pay, or other problems arise.

3. The defendant, the representative director of Gap and Eul, and the non-indicted 14 shall be appointed from the individual solidarity for the above number of units and the bill bills respectively.

4. After the conclusion of this Agreement, all funds management, such as the deposit and withdrawal of funds for the membership payments accounts related to Nonindicted Co. 11 shall be jointly conducted by Nonindicted Co. 11 and Nonindicted Co. 2, and Nonindicted Co. 11 shall submit the details of funds management (including passbook copies) to Nonindicted Co. 2 from the date of this Agreement to 09 every day.

6. If the above number of shares and the due date of bills are not specified, the non-indicted 1 corporation shall issue to the non-indicted 2 corporation a power of attorney to supplement the blank in relation thereto.

7. If Nonindicted Co. 11 did not comply with the above paragraphs 1 and 4, Nonindicted Co. 2, which was issued by Nonindicted Co. 1, suggest that the said shares and bills of exchange be paid to the said payment place immediately.

5) Pursuant to the above agreement on April 14, 2008, Nonindicted Co. 1 and Nonindicted Co. 11 made and delivered to Nonindicted Co. 2 a notarized bill of exchange and a check of 24 billion won per share in which the debtor and the issuer were to be Nonindicted Co. 1 and the creditor and the payee were to be Nonindicted Co. 2, and the date of issuance was to be in blank. In addition to the above check of shares, Nonindicted Co. 1 and Nonindicted Co. 11 were incurred in securing any obligation that they have, or will have, borne by themselves (Nonindicted Co. 2) or will be borne by themselves, and if they fail to repay the obligation arising between themselves and their return, they prepared a certificate of granting supplementary rights in blank bill (the check of shares per share) stating that “If you fail to grant the right to exercise the right to supplement the amount at any time, you shall grant them to them.”

6) Nonindicted Co. 11 did not pay the sale price by the agreed date under the above agreement, and did not perform the obligation to notify the details of the management of funds under the above agreement. Nonindicted Co. 2, Sept. 22, 2008, notified Nonindicted Co. 2, a guarantor, of Nonindicted Co. 2, a guarantor, of the repayment of the obligation of KRW 120 billion, since he lost the profits arising from the nonperformance of obligation by an asset management company, △ Securities Co., Ltd. and △△ Bank, a company, an asset management company, on Sept. 22, 2008, notified Nonindicted Co. 11 on Sept. 22, 2008, of the fact that the sales contract was terminated due to Nonindicted Co. 11’s notification of the loss of the above profits due to the nonperformance of obligation to pay the intermediate payment and the remainder payment obligation of Nonindicted Co. 11, the date of issuance of the above number of shares was supplemented to “ September 26, 2008.”

7) On September 26, 2008, the Defendant submitted a check accident report stating that “The said check was forged or altered by a person who is not authorized to issue the check at his discretion,” at the △△△ branch of Samsung Bank.

C. Determination

In accordance with the above facts of recognition, Nonindicted Co. 1 restored the right to sell the sports facilities of this case in a hostile relationship with Nonindicted Co. 2, Oct. 9, 2006 in accordance with the amendment agreement to the Periodical business agreement on Oct. 9, 2006. Accordingly, Nonindicted Co. 1 entered into a supply contract with Nonindicted Co. 11 in its own name as a seller and the instant supply contract on Mar. 29, 2007, it cannot be deemed that Nonindicted Co. 2, who is not the above supply contract holder, has an independent right to notify Nonindicted Co. 11 of termination, and the agreement and the bill authentication on Apr. 14, 2008, are merely merely an agreement under which Nonindicted Co. 1 and Nonindicted Co. 11 should pay the sale price to Nonindicted Co. 2, and cannot be deemed to have changed the seller of the said supply contract to Nonindicted Co. 2, or granted the right to directly terminate the said supply contract to Nonindicted Co. 2.

Therefore, the notice of termination as of September 22, 2008 to Nonindicted Co. 2, 2008 does not affect the obligation to pay the sale price to Nonindicted Co. 1 to Nonindicted Co. 2 by the supply contract as of March 29, 2007 and the agreement as of April 14, 2008. Thus, the above termination notice does not affect the obligation to pay the sale price to Nonindicted Co. 2 Co. 1 to Nonindicted Co. 2, and the right to supplement the bond and the right to supplement the number of blank units against Nonindicted Co. 2, as of September 26, 2008. Accordingly, the exercise of the right to supplement blank and the presentation of payment for Nonindicted Co. 2, Co. 2, Sept. 26, 2008, submitting the check accident report as seen earlier constitutes a false report.

In addition, the Defendant, as an operator of Nonindicted Co. 1, directly as the operator of the said Nonindicted Co. 1, was aware of the relationship between Nonindicted Co. 1 and Nonindicted Co. 11, and Nonindicted Co. 2, at the time of the submission of the said check accident report, as the Defendant did not have any awareness of the fact that the said report was a false report, on October 27, 2006, each of the supply contracts dated March 29, 2007, and April 14, 2008.

Therefore, the defendant's assertion on this is rejected.

The crime of embezzlement of this case constitutes a basic area among the embezzlement crimes because there is no special aggravated and mitigation factor. The amount of profit constitutes five billion won or more, and the amount of profit is less than thirty billion won and falls under the type 4, and thus, the scope of recommending sentencing guidelines is four to seven years.

2. Determination of sentence;

It seems that the defendant had been sentenced in 199 for another type of suspended execution, and there is no criminal history of the same kind of crime. The failure of the business of this case and the failure of the non-indicted 1 corporation and the non-indicted 11 corporation could not actually retain the profits from the crime of this case due to the bankruptcy of the non-indicted 11 corporation. The defendant believed that the defendant would be able to handle the embezzlement of this case in the future only on the basis of the agreement on the distribution of profits under the joint business agreement of this case and the agreement on the settlement of expenses for the operation of the non-indicted 1 corporation, etc. It seems that he used the business property at will, and it appears that he could not have seriously recognized the aggravated punishment of his act at the time of crime

However, the amount of profit resulting from the crime of embezzlement of this case exceeds 7.1 billion won, which led to the failure of the business of this case. Accordingly, the non-indicted 2 corporation suffered enormous damages, such as not only did it have obtained any anticipated profit but also did not receive any construction cost exceeding 10 billion won, and such damage was not completely recovered.

On the other hand, at the time of the instant project, the Defendant was running an optician business, KONA business, and Doedong High-Tech Construction business separately, and was investing in the Hongdong Complex Development Project through the Do governor. A part of the money embezzled through the instant crime seems to have been disbursed as expenses and investments related to the instant project unrelated to the instant project.

In addition, while running the instant business, the Defendant committed the instant embezzlement in violation of the fiduciary relationship with the victim for a long time, did not implement the promise to return the embezzlement over several times, and committed a violation of the Illegal Check Control Act to avoid paying the check money.

In comprehensive consideration of the above overall circumstances, the age, character and conduct, environment, etc. of the defendant, the punishment as ordered shall be determined within the scope of the recommended sentencing guidelines.

It is so decided as per Disposition for the above reasons.

[Attachment]

Judges Cho Han-hee (Presiding Judge)