A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

"2011 Highest 1223"

1. On November 2008, the Defendant: (a) invested one-third of the purchase price by Defendant D, and E invested one-third of the purchase price; and (b) agreed to take profits from resale after purchasing F real estate at Yangsan; (c) agreed to take profits from the purchase; (d) around December 3, 200, KRW 40 million from the victim as the purchase price of the said real estate at KRW 25 million around the fifth day of the same month; and (e) took custody of the money transferred from the victim as the purchase price of the said real

On December 3, 2008, the Defendant arbitrarily lent KRW 15 million out of the above money to E at the “H real estate office” located in Yangsan-si G, Yangsan-si, and used KRW 25 million in the Defendant’s personal debt repayment.

Accordingly, the Defendant embezzled 40 million won of the victim's money.

2. On June 2009, the Defendant, including the purchase price of land, proposed that the victim D would purchase K and L real estate at the “J Real Estate” office located in Yangsan-si G in Yangsan-si, Yangsan-si, and take profits therefrom, and received from the victim KRW 50 million on the 29th day of the same month under the pretext of the purchase price of real estate and the cost of removing obstacles, etc.

The Defendant used the said money for the purpose related to the sale and purchase of the said real estate, including the down payment of KRW 45 million among the said money, and used the remaining KRW 10 million for personal purposes around that time, and was terminated on November 28, 2009 and returned KRW 40 million from the seller to the victim on December 28, 2009, and was kept to return the down payment to the victim, and used it for personal purposes such as stock investment, etc. around that time.

Accordingly, the Defendant embezzled the victim's money of KRW 50 million.

The Defendant, around May 14, 2009, tried to purchase the land from the “H real estate” office located in Yangsan-si, G, and from the “H real estate” office in Yangsan-si, and from the “Y and L” office to the victim D in Yangsan-si, in order to confirm whether the seller has the down payment.

50 million won has been shown to the seller at the time of remittance.