A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The Defendant, from April 2003, served as the president of the Crebuilding Maintenance Project Association (84 households, hereinafter “instant association”) promoting a reconstruction project of “Seoul Yangcheon-gu and 2 parcels,” and is a person who has overall control over the affairs of the instant association and manages the association funds.

Around July 6, 2004, the instant association entered into a reconstruction project agreement with D Co., Ltd. (hereinafter “D”) (hereinafter “D”), and entered into a new construction contract with E Co., Ltd. (hereinafter “E”) around October 17, 2006, D and construction cost amount of KRW 9,941,00,000.

The members of the instant association concluded a sales contract with D and E from April 10, 2007 to April 14 of the same month, and the members of the 71 household agreed to pay 10% of the down payment amount at the time of conclusion of the contract, 10% of the down payment at the time of entering into the contract, 90% of the remainder payment at the time of moving into the contract, 90% of the remainder amount at the F bank account (G) in the name of D when entering into the contract to perform construction works of balcony expansion in the amount of 25 to 27 to 25 to 30,00,000 square, and 32 to 8,800,000

Around February 208, the instant union and D agreed to conclude a contract to succeed to the existing apartment construction work in the amount of KRW 6,419,000,000 for the construction cost and to succeed to the rights and obligations of E related to the apartment construction, as E ceased to perform the apartment construction work due to the default of payment by around February 2008.

On June 17, 2009, the injured company agreed that D and balcony expansion construction costs shall be received from the I bank account (J) in the name of the victimized company.

D around June 18, 2009, the expenses for the expansion of balcony construction in the instant association located in Yangcheon-gu Seoul Metropolitan Government K shall be notified to transfer to the said I bank account in the name of the victimized company so that the Defendant who is the president of the association may receive it. On July 22, 2009, the apartment construction including the balcony expansion construction is completed, and the completion of the apartment construction is authorized by the competent authority around July 30, 2009.

However, the defendant on June 24, 2009.