1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Punishment of the crime

The defendant, "2012 Go-Ma1182", while working as a staff member of the Saemaul Treasury and investing in real estate, was aware of the victim C (n, 41 years of age) who was an employee of Yongsan-gu Seoul at around June 2009 while taking over the "D" car page in Yongsan-gu Seoul around June 200, by taking advantage of the fact that the intelligent index of the above victim was 55 years of age, which lacks judgment ability, acquired property benefits by being entrusted with the right to purchase and sell apartments from the victim under the pretext that it would damage the investment in real estate, and acquired them by receiving money from the victim under the pretext that it would allow him to take over the car page.

On December 2, 2009, the Defendant: (a) was delegated with the entirety of the authority to sell the above F apartment and dispose of H apartment at the end of January 2010 to the effect that “The Defendant would purchase F apartment 109, 402, from the name of the Sinju City, to another person, F apartment 109, and 402, from the name of Sinju City, to purchase the H apartment 403, Yongsan-gu Seoul Metropolitan Government H apartment 403.”

Since then, around February 1, 2010, the Defendant: (a) purchased the F apartment with the market price of KRW 280 million or KRW 300 million under the name of the Defendant’s wife; and (b) entered into a contract to purchase the H apartment in the name of the victim on the same day under the name of the Defendant’s wife; and (c) purchase the H apartment in the name of the victim on the same day.

In such cases, a person who is delegated with all the authority to sell and purchase real estate for the victim shall appropriately evaluate each real estate and sell and purchase it, and the amount acquired by selling an apartment owned by the victim shall be used for the purchase of a new apartment.

Nevertheless, the Defendant succeeded to the F apartment's right to lease on a deposit basis of KRW 120 million, and purchased it with KRW 280 million, and thus uses the remainder of KRW 160 million as the H apartment purchase price, but did not pay the remainder of KRW 120 million as the H apartment purchase fund.