A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Power] On January 5, 2011, the Defendant was sentenced to a suspended sentence of two years on the part of six months of imprisonment with prison labor due to occupational embezzlement in the Jinwon District Court’s Jinju branch, and the said judgment became final and conclusive on January 13, 2011.

【Criminal Facts】

On October 5, 2007, the Defendant concluded a sales contract to transfer the 1.55 billion won operating rights to the victim G at the D office located in Jinju-si, Hanam-dong E, F land, and buildings on both land, and slaughterhouses operating by the Defendant at the D office in Jin-si, Seoul-si.

The Defendant and the victim shall substitute the down payment of KRW 70 million already received, and the KRW 150 million of the first intermediate payment of KRW 150 million of the second intermediate payment of KRW 100 million shall be paid on October 25, 2007 at the time of the completion of the contract and authentication. The Defendant and the victim agreed to pay KRW 650 million of the remainder 1.23 billion of the remainder 1.555 billion of the obligation owed by the Defendant to the private agricultural cooperatives of KRW 650 million of the remainder, and pay KRW 380 million of the remainder 580 million of the remainder of the payment to the private agricultural cooperatives of KRW 580 million on December 24, 2007 and KRW 200 million on April 31, 2008.

Since the Defendant received the first intermediate payment of KRW 150 million on October 5, 2007, which was the date when the contract was concluded, pursuant to the above agreement, and received the second intermediate payment on October 31, 2007, the duty of the Defendant to receive the remainder from the victim and to implement the procedure for the registration of ownership transfer for the subject matter to the victim.

1. Nevertheless, on December 10, 2007, the Defendant violated the aforementioned duty, thereby acquiring pecuniary benefits equivalent to the maximum debt amount and causing damages to the victim by completing the registration of creation of a mortgage over the real estate for the purpose of the sale as a collateral security (H) with H as the mortgagee, thereby gaining pecuniary benefits equivalent to the maximum debt amount.

2. On August 8, 2008, the Defendant continued to violate the above duty, thereby completing the registration of creation of a mortgage over the maximum debt amount of KRW 150 million with regard to the real estate subject to the said sale as the mortgagee on August 8, 2008.