A defendant shall be punished by imprisonment for one year.

However, 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

On January 25, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for occupational embezzlement, etc. at the Ulsan District Court on February 2, 2013, and the said judgment became final and conclusive on February 2, 2013. On July 4, 2013, the said judgment was sentenced to two years of imprisonment with prison labor for a crime of fraud in the same court, and the said judgment became final and conclusive on April 5, 2014 through the appellate court.

1. Around April 8, 2010, the Defendant entered into a construction contract with the victim C on the land of “E” operated by the victim C in Nam-gu Incheon Metropolitan City, Seoul, through F, on the land of “E” and on the land of “331.4 square meters per square meter per square meter: 3.5 million won per square meter,” and “the construction contract period: the starting date: April 8, 2010: the starting date; August 8, 2010: the completion date; and at the same time, August 8, 2010, the Defendant entered into a construction contract with the victim for new construction of multi-households (hereinafter “this construction”). Around that time, if the victim lent KRW 200 million as a construction price, the Defendant would acquire a house with KRW 750 million per square meter by adding the land value of KRW 550 million after completion of the construction.”

However, the Defendant, while entering into the instant construction contract, was under a performance guarantee insurance policy that had no effect on the victim. At the time of the contract, the Defendant had already been awarded a contract for remodeling construction of the Incheon Bupyeong-gu I building from H, etc. However, under the circumstances where the said H et al. owner had not been fully paid the said price, the Defendant continued to perform the said I building construction and was planned to use the funds borrowed from the victim in the manner of so-called 's personal use or construction of the I building'. However, at the time, the Defendant had a debt amount of KRW 20 million. In particular, from July 2007 to March 20, 201, the Defendant had already reached a debt amount of KRW 60,120,000,000 against the said company without property.