Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

On July 2016, the Defendant purchased the Victim B and Jeju City C, D, and E land (hereinafter “instant land”) with the Defendant, and agreed to operate the instant land as a business fund and use the instant land as the business fund for the payment of the purchase price and the construction cost of another canal wells construction project.

Meanwhile, around July 19, 2016, the victim decided to purchase the said land in KRW 2.486 billion from F in accordance with the said business agreement, and F purchased the said land in KRW 1.2 billion from G and H, the owner of the instant land on December 3, 2015 and December 21, 2015, and entered into a new sales agreement with G and H on July 19, 2016 without being transferred from H, the original owner of the relevant land.

(Sales Contract was formally drawn up between G, H and B, which is the original owner of the land. A loan of KRW 1.9 billion from the I Association as security with the consent of G and H, which is the owner of the land, was granted, and the loan amount of KRW 1.2 billion is paid directly to G and H as the purchase price, and the remainder of KRW 700 million is continuously kept from the I Account (K) in the name of the Defendant’s wife around October 31, 2016, and was used as a partner necessary for the construction and sale of a canal wells in the future with respect to the above amount.

From around that time, the Defendant used the above partner's money in consultation with the victim for expenses incurred in the construction of another canal wells construction project, loan of customer funds, etc., and became divorced from the wifeJ on March 10, 2017. In order to avoid preservation measures such as seizure, on March 10, 2017, the Defendant transferred 16,9430,000 won of the remaining partner's account in the name of the Defendant's Dong L, and continued to keep it in custody.

While the Defendant kept 169,430,000 won of the partner fee with the victim as above, on July 2017, the Defendant invested and delivered KRW 100,000 to O and P at will, without the victim’s consent, for the purpose of operating the gambling place, and issued the remaining KRW 69,430,000.