A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 8, 2014, the Defendant entered into a business agreement with the victim B and Yangsan City C Forest (hereinafter “the instant forest”) to newly construct a factory, etc. through alteration of its form and quality and sell it.

On September 26, 2012, the Defendant purchased the forest of this case under the name of the Defendant’s Dong living together, and completed the registration of transfer of ownership in the name of the victim as to the forest of this case with the payment of construction cost of KRW 240 million to the victims who newly constructed a factory in the forest of this case around August 23, 2013.

On May 8, 2014, the Defendant loaned the instant forest to the victim as collateral, proposed that the instant forest was defective for the rescission of the provisional seizure of E established on the instant forest, and obtained the consent, and then embezzled the instant forest as collateral to F, and then borrowed KRW 20 million, while the Defendant was in custody for the victim, KRW 12 million remaining after repayment to E for the personal purpose.

2. On November 20, 2014, the Defendant continued to embezzled, around September 19, 2014, to obtain permission, etc. for the instant forest from the victim on or around September 19, 2014, the establishment of an agricultural partnership related to the “FFFF” should be prior to the establishment of the said forest. The Defendant obtained the consent of the victim.

After establishing “H farming association corporation” as the representative of the Defendant’s G, the Defendant embezzled the instant forest by arbitrarily setting up a collateral security right of KRW 50 million on November 28, 2014, when borrowing KRW 50 million from I from the real estate business entity I to the victim of the instant forest in the name of “H farming association corporation” in the name of “H farming association corporation” in the name of the victimized party D. On November 19, 2014, the Defendant embezzled the instant forest by borrowing KRW 50 million from I.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. An investigation report (Attachment of Details of transaction inG account);

1. Application of Acts and subordinate statutes to all certificates of registration (No. 2 list of evidence);

1. Article 355 of the Criminal Act as to the facts constituting the crime.