A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[2] Around July 2009, the Defendant: (a) performed development activities, such as building a factory building building building on the said real estate with the victim D, who is the actual owner of the forest and field C, Kimhae-si; and (b) agreed to provide the said real estate as a collateral for a loan to the said bank; (c) the victim provided the said land, received the loan from the bank, managed the loan from the bank, and paid the Defendant the necessary expenses for the development activities, etc.; and (d) the Defendant agreed to take charge

On December 10, 2009, the Defendant embezzled KRW 25,40,00 by using the said real estate as personal living expenses, etc. without obtaining the consent of the victim on December 10, 2009 and around December 11, 2009, while providing the said real estate as security to the Jinyoung Agricultural Cooperative, Jingu, Young-gu, Seoul, under the above agreement, and obtaining a loan of KRW 300,000,000 for the victim.

[2013 Height 1797] The Defendant was a person who has obtained permission for development activities for the purpose of building Class I neighborhood living facilities in forests and fields, the total area of which is 2,640 square meters, both of which are located outside the E in Kimhae-si, Kimhae-si, and the Defendant engaged in development activities at the same time. On March 201, 201, the Defendant constructed a nune-type retaining wall, which is a structure permitted at a height of 5 meters from the competent authority without obtaining permission for change from the competent

Summary of Evidence

[2013 Highest 1693]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Confirmation of borrowed money and a copy of the agreement for repayment of debts;

1. A certified real estate register;

1. Provision and reply of financial transaction information (2013 high-ranking 1797);

1. Defendant's legal statement;

1. A written accusation;

1. A supplementary statement made by the Speaker;

1. Application of statutes on site photographs;

1. Relevant Article 35(1) of the Criminal Act for criminal facts (the point of embezzlement), Article 54 Subparag. 1, and Article 14(1) of the Management of Mountainous Districts Act (the point of an unauthorized diversion of a mountainous district), Article 140 Subparag. 1, and Article 56(2) of the National Land Planning and Utilization Act shall be permitted for the same crime;