1. Defendant A shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Punishment of the crime

The defendants are in a general relationship, and the defendant B is the representative director of the victim-victim D (hereinafter "victim D") who operates the housing construction business in the following cities, and the defendant A was actually operating the damaged company and was jointly engaged in the overall management of the damaged company's business and the fund management.

On September 14, 2015, the Defendants entered into a contract with the victimized company to take over the housing construction business right (including the G site in the front city city) from the limited liability company F with the acquisition price of KRW 750 million, and paid the said amount of KRW 50 million on the same day, KRW 125 million on December 22, 2015, and KRW 175 million on the part of the intermediate payment, and the said F failed to pay the said business right again to H because it failed to pay the intermediate payment as the down payment, the Defendants again filed an application for provisional disposition prohibiting the disposal of the said business site with the former District Court on May 23, 2017.

The case holding that on September 1, 2017, the Defendants received KRW 95 million from the K bank account in the name of Defendant A to return the down payment from the K bank account in the name of Defendant A, continuously filed an application for provisional disposition against, and again filed an application for provisional disposition on the above business site with a promissory note of KRW 100 million, the face value of which is KRW 95 million, in the name of the cancellation of provisional disposition from the K bank account in the name of Defendant A, and against the K bank account in the name of the cancellation of provisional disposition from the K bank account in the name of the K bank, the Defendants paid KRW 180 million from the K bank account in the name of the K bank account in the name of the K bank and paid KRW 15 million to the K bank account in the name of the K bank and KRW 100 million in the face value of which is KRW 100,000,000,0000,000 from September 11, 2017 to the K bank account.