A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person sharing a victim C and Kimpo-si D 670 square meters, a 816 square meters in the same Ri E, and a 342 square meters in the same Rif 342 square meters in the same Ri (hereinafter “instant land”).

When selling the instant real estate to G with the victim, the Defendant sold the instant real estate to G, the remainder of KRW 238.9 million that the Defendant would receive, and the remainder of KRW 62.65 million that the Defendant would have received from G with the buyer as collateral for the instant real estate.

However, the Defendant, who is likely to arbitrarily use the above loan, agreed that the victim, G and the third party designated by G receive the above loan as a debtor, and settle the loan after succeeding to the loan obligation: Provided, That the remainder of the victim’s loan shall be paid immediately after receiving the loan.

Accordingly, on March 29, 2012, the Defendant obtained loans of KRW 374 million from the Busan Agricultural Co., Ltd. for the instant real estate as collateral and embezzled by using the entire loans to the securities account in the name of the Defendant on the same day while keeping 62.65 million out of the loans for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and C;

1. A sales contract;

1. Full certificate of the registered matters;

1. Documents for application for registration;

1. A real estate sales contract and a loan contract;

1. Police investigation reports (general) - Suspect specification of transactions, and specification of transactions;

1. Police investigation report (general) - Monetary statements attached;

1. Application of prosecution investigation reports (report on the details of transactions of passbook accounts in custody of suspect loans) and Acts and subordinate statutes on account transactions;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act guilty of the suspended sentence and the defendant and defense counsel for the reasons for sentencing are acknowledged as a substitute for facts constituting a crime, and it is thought that the settlement will be made later while the defendant bears interest on the loan on the wind that the buyer G does not succeed to the obligation.