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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] On October 10, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Gwangju District Court, and two years of suspended execution, and the above judgment became final and conclusive on the 18th of the same month.

[ criminal facts] The Defendant, as the chairperson of the Fresh Construction Promotion Committee in the Southern-gun E, is a person who has overall control over the construction of hanok in the above F.

The Defendant, from March 2009 to April 2009, borrowed a total of KRW 79 million from the Victim G from around April 2009, and thereafter, on May 2009, the Defendant may newly construct hanok with the subsidy of KRW 40 million from the State if he/she bears KRW 15 million for construction costs and the price for the Han-style site to the victim at a Buddhist place.

The defendant suggested that he will bear construction costs instead of paying 79 million won borrowed from the internal loan. The defendant would have to newly construct the Korean-style Korean-style house in the above way that he would be able to own the Korean-style house by newly building the Korean-style house when he paid only the price for the Korean-style house site and the share of residents.

Accordingly, the victim consented to the above proposal of the defendant, around May 21, 2009, paid to the defendant the amount of KRW 15 million for the hanok site, KRW 2 million for the tenant on September 2, 2009, and reported the new construction of hanok on January 15, 2010. However, the victim, in personal circumstances, abandoned the new construction of hanok on September 2010, delegated the defendant with all of the sale of the hanok newly built, the procedure for the change of the name of the owner of the building, and the receipt of the price.

According to the above delegation, the Defendant transferred Han-ok newly built in the name of the victim to H around September 2010, and completed the procedure for changing the name of Han-ok in the name of H around November 2010. From around September 201 to April 8, 2011, the Defendant received a total of KRW 137 million, including the price of the site from the above H from around September 201 to around April 8, 201, and then the Defendant appears to be a clerical error as to KRW 95 million stated in the indictment.

During the custody of B for the victim, the victim did not return it to the victim and used it for personal purposes at that time.