A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 23, 2010, the defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on March 24, 201 and the judgment became final and conclusive on March 24, 201. On May 12, 2011, the Busan District Court sentenced one year of imprisonment with labor for occupational embezzlement at the Busan District Court, and the above judgment became final and conclusive on May 20, 201.

【Criminal Facts】

The Defendant, from around January 1986 to January 2008, worked as the president of the school juristic person E (hereinafter “E”) located in Seocheon-gu, Seocheon-gu, Busan (hereinafter “E”), and has overall control over the affairs of E such as property management.

On September 30, 2003, the Defendant entered into a contract with H Co., Ltd. (hereinafter “H”) to sell 468.10,000 won of the purchase price on two lots of land (hereinafter “each of the instant land”) such as Seocheon-gu, Seocheon-gu, Seoul, which is subject to land transaction permission, as real estate owned by E, and was delivered KRW 468.10,000,000 around that time, but did not transfer the registration of ownership transfer at the time of the transfer, and on May 2006, the said land was actually expropriated by consultation acquisition.

The Act has been amended.

In such a case, as long as no land transaction permission has been obtained for each of the instant lands, the said sales contract takes effect as it takes effect due to the fact that the said contract does not take effect for the buyer, and E, a seller, is unable to obtain an objective land transaction permission due to the expropriation of each of the instant lands, thereby becoming null and void. As a result, the sales contract becomes final and conclusive as a result, the sales contract becomes null and void, the subject of the claim to be recognized as the effect of nonperformance of the obligation to transfer ownership does not occur, and E, the said amount of KRW 46810,00 and KRW 534,270,000,000, which is the sum of the purchase price already received and the amount equivalent to its legal interest, KRW 46,81