A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Until July 30, 2012, the Defendant was a representative director of (State)D.

Around August 4, 2008, the Defendant: (a) established a collateral security under the name of the Defendant with a maximum debt amount of 55 million won as to the share of half of the H in Yang-gun of Gyeonggi-gun, a group of real estate owned by the Defendant; (b) on May 16, 201, the auction procedure for the said real estate was initiated under the name of the Defendant on May 16, 201, in order to secure the claim for construction cost that the victim (D) had not been paid by the Plaintiff (E); and (c) in order to secure the claim for construction cost that had not been paid by the Plaintiff (E), the Defendant secured the said real estate in the name of the Defendant for 46 million won.

Therefore, the defendant acquired economic benefits of 46 million won because he/she failed to perform his/her duties despite the fact that he/she had a duty to transfer the ownership of the above real estate awarded to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (i.e., the confession of a person committing a crime and there is no record of a crime heavier than the fine imposed on the defendant, and (ii) the defendant asks the I to transfer the registration name at any time; and (iii) the circumstances leading to the instant crime, etc.);