A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is the representative director of E Co., Ltd. who manages D's underground shopping districts located in Gyeonggi-si, and the person who has the right to occupy and use specified in B. 8, 9, 12, and 13 of the above underground shopping district.

On January 2013, the Defendant sold the right of occupation and use under Section 8, 9, 12, and 13 to the victim F in the office of E Co., Ltd. located in the above underground commercial building for KRW 400 million.

The down payment is KRW 100 million, KRW 100 million, intermediate payment is KRW 200 million, and the intermediate payment is KRW 120 million, out of the intermediate payment of KRW 200 million, instead of succeeding to the existing G new agreement loan obligations, the remainder of KRW 80 million, which is the down payment of KRW 100 million, shall be remodeled to the underground commercial building by means of additional loans from the G New Cooperatives with the relevant underground commercial building as security.

“A false representation was made.”

However, the fact was that it was thought that it was used for personal use by receiving down payment of KRW 100 million from the injured party, and the above underground commercial building was remodeled, and there was no intention or ability to transfer the right of occupation to the injured party.

Nevertheless, around February 5, 2013, the Defendant received KRW 100 million from the damaged person to the City bank account in the name of the Defendant as the down payment and acquired it by money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement made by the police with regard to F;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Account Transactions in A);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] and the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment] are as follows: (a) the basic area (one to four years) (one year) [the person subject to special sentencing] [the judgment of sentence] the victim received approximately KRW 58 million from repayment.