The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On July 9, 2009, the Defendant was sentenced to two years of imprisonment with prison labor in the Seoul Northern District Court on June 2009 and the judgment became final and conclusive on July 17, 2009 (Seoul Northern District Court Decision 2009No623, Jul. 9, 2009). The court was sentenced to two years of imprisonment with prison labor in the same court on January 6, 201 for fraud; on December 23, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor in the same court on August 21, 2012; on November 1, 201, the execution of the sentence is terminated; on the same date, the court was sentenced to one year and six months of imprisonment with prison labor in the same court on November 27, 2014, and each of the suspended sentence becomes final and conclusive during the suspended execution period of two months and two years of imprisonment with prison labor in the same court on November 27, 2014.

【Criminal Facts】

The Defendant was the representative director of D Co., Ltd. who implemented the new construction of a commercial building in the Gyeonggi-do Government, and the victim E was awarded a subcontract for the non-permanent construction of a commercial building.

The Defendant sold 101,558,000 commercial buildings to the victim around March 27, 2008 and received 200,000,000, which offset the unpaid construction price as the sale price, from the victim.

However, the Defendant failed to implement the procedures for attribution of trust property due to the sales contract to the victims because the Defendant failed to cancel the seizure of Ki Government-si and new mutual savings banks under the trust with the land trust company of 101 commercial buildings for the completion inspection.

Around February 15, 2009, the Defendant concluded that “A” at the construction site of a commercial building and that “it is impossible to transfer registration due to default on local taxes and seizure of second financial rights. If the Defendant borrowed KRW 130 million, the registration will be cancelled, and the principal and interest will be repaid in full within a week.”

However, since 2005, the Defendant did not have any specific import, and the total debt amount of financial institutions is equivalent to KRW 960 million.