A defendant shall be punished by imprisonment for three years.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

On April 11, 2014, the Defendant was sentenced to a suspended sentence of two years on December 9, 2014 by the Changwon District Court for a crime of invalidation of an indication of official duties, etc., and the said judgment became final and conclusive on December 9, 2014.

[Criminal Facts]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “D”) was a company E (hereinafter “F”) to take over the construction site of H-based composite building (hereinafter “the instant building”) in Busan-dong-gu G site from the company E (hereinafter “F”), which had been constructed on August 8, 205 square meters of the site 505 square meters, and the construction cost was insufficient, and as a result, D was changed to the owner of the building of the instant building under the ownership and new construction under the name of D, and transferred the construction cost to the construction cost by receiving loans of KRW 2 billion. The Defendant concluded a contract of this case (hereinafter “instant business”) with D with the authority delegated by D to undertake the construction of the instant building, and with the completion of the construction and preservation of the instant building upon completion of the construction and preservation of the building, to distribute the construction cost after paying additional construction costs (hereinafter “D”).

The Defendant entered into an agreement on the distribution of profits (hereinafter “the agreement on the distribution of profits of this case”) with the content that the Defendant would provide as security and receive loans and redeem existing loans and construction costs, etc. among the instant buildings completed based on the same business agreement with D on January 20, 2014 between D and D, the Defendant, as the victim under the instant business agreement, with the care of a good manager for the partnership as a good manager. In particular, the Defendant entered into the said agreement on the distribution of profits (hereinafter “the agreement on the distribution of profits of this case”) with the purport that D will cooperate with the loans.