A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 25, 2012, the Defendant was sentenced to two years of suspension of execution on June 2, 2012 by the Ulsan District Court for occupational embezzlement, etc. and the judgment became final and conclusive on June 2, 2012.

On September 19, 2003, the Defendant purchased D land in Ulsan-gu, Ulsan-gu, Inc. owned in KRW 180 million. On September 19, 2003, the Defendant paid KRW 40 million to C the down payment and intermediate payment on September 19, 2003.

On November 17, 2003, the Defendant agreed to receive a loan of approximately KRW 600 million from the victim E to build a ground complex of approximately KRW 2500,00 square meters for the above D, and agreed to entrust all rights under the existing contract with the victim until the victim’s loan and profit is recovered. The Defendant paid KRW 80,000,000 as part of the balance of the above D land with the victim’s funds, and KRW 10,000,000,000 as part of the balance of the above D land.

However, around February 28, 2006, the construction project of the above ground complex was suspended, and the defendant agreed that the defendant shall be responsible for the total intermediate payment of KRW 660 million invested by the defendant, etc. for the purchase of land in relation to the construction project of the above ground complex, and at least 20% of the down payment and the down payment of KRW 660 million invested by the defendant, etc., and the recovered money shall be repaid in preference to the claims of the victim.

Since the Defendant agreed with C to cancel the sales contract for the above D land, the Defendant was entrusted with the business of returning the land price already paid to C according to each of the above agreements concluded between the victim and C around November 17, 2003 and February 28, 2006.

Nevertheless, on December 2008, the Defendant agreed to receive only KRW 50 million, out of the purchase price that C received from the first floor coffee of the Ulsan-gu Damna Building, Ulsan-gu, Ulsan-gu, and agreed to receive KRW 50 million as a check from the relevant place of business and kept it for the said victim voluntarily due to living expenses, etc. around that time.