A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant was a person who purchased a 16,463 square meters of forest land D in Incheon, Incheon, with joint investment with the victim C, and entered into a partnership agreement with the Defendant to sell the purchase price and distribute the purchase price to 50:50.

The Defendant invested KRW 75 million in accordance with the above-mentioned agreement with the victim, and purchased the above forest under the name of the mother of the Defendant around June 10, 2004, but sold the forest to the F and other 8 persons on September 22, 2009 and then received KRW 50 million on September 22, 2009 as contract deposit, from F around the same month, KRW 20 million on September 22, 2009, KRW 350 million on the end of the same month, and KRW 420 million on October 2, 2009, including KRW 350 million on October 2, 2009, and received KRW 200 million on several occasions from around April 4, 201 to August 2014.

However, the defendant paid KRW 20 million out of KRW 420 million as contract deposit to the defendant, and distributed KRW 200 million to the victim respectively as a brokerage commission. However, 100 million out of KRW 200,000,000,000 paid to the defendant as contract deposit, but he/she voluntarily consumed and embezzled for personal purposes, such as the living expenses of the defendant on his/her behalf, around that time, while he/she was in custody for the victim.

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to a real estate sale contract and written confirmation;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing (the scope of liability for damages is unclear and thus it is not reasonable to issue an order for compensation) under Article 32 (1) 3 and (2), and Article 25 (3) 3 (the scope of liability for damages is unclear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million) basic area (from April to January 1) (no person subject to special sentencing)

2. The defendant has no record of punishment exceeding a fine imposed on him/her, and the defendant shall recover from damage;