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

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

Punishment of the crime

The defendant is the representative director of the corporation E, and is the victim F and Gyeongbuk High School.

On February 8, 2001, the Defendant entered into a hot spring development project investment contract with the content that “F invests KRW 250 million in G forest land 22,612 square meters (hereinafter “the instant forest”) owned by the Defendant, and is successful by carrying out a hot spring development project with approximately 1000 meters underground, the Defendant shall invest the instant forest in kind, establish a corporation with the same authority as F and the same shares, and grant KRW 75 million with the Defendant’s prior vacant road and contingent congratulatory money, which is the developer, and the Defendant shall be responsible for the prior management of the instant forest, and the Defendant shall be liable for the prior management of the instant forest,” and on the same day, a notary public has completed the certification of the instant contract from Yongnam Law Firm to the said content.

Since then, the Defendant was successful in hot spring development with the money invested by F in accordance with the above agreement, and around December 9, 2002, the Defendant established a company E (hereinafter “E”) in which the Dong He and Defendant held 50% of the total shares generated, each of which was held in trust by F and the Defendant, and operated a hot spring bath up to now.

Nevertheless, the Defendant, as an opportunity for F to die at around July 21, 2014, had attempted for F to acquire part of F’s share through the use of F’s bereaved family members ( wife I and J) to know of the accurate content of the investment contract.

On September 24, 2014, the Defendant filed a suit against H and E in the Daegu District Court’s general petition office located in Daegu-gu, Daegu-gu, Daegu-gu, 364 against the said court’s 2014 Gohap7909 shareholders’ rights. The Defendant entered into a partnership agreement with the Plaintiff (the Defendant) to carry on a hot spring development and hot spring bath business by investing cash of KRW 600 million in the forest land of this case owned by the Plaintiff (the Defendant). On December 9, 2002, the Defendant held shares of KRW 50% of each 50% equity ratio of the Plaintiff and F.