A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment for embezzlement and breach of trust at the Daegu District Court on August 31, 2016, and the judgment became final and conclusive on September 8, 2016.

【Criminal facts】 The Defendant, on October 17, 2012, received the victim’s “F factory’s debt amounting to KRW 1.2 billion from the transfer of the F factory to the previous factory,” and paid KRW 140 million in cash to the victim until December 17, 2012.

‘Falsely speaking, it concluded a sales contract for the said factory with the victim.”

However, the Defendant had been bad credit standing from around October 2005, and even if bonds, etc. were issued from the injured party over KRW 25 million without any clear economic power, including property, at around October 2012, more than KRW 25 million, and even if a factory was transferred from the injured party, it is difficult to pay the higher cash amount out of the purchase price, and thus, it was difficult to pay the above cash amount to the day of promise.

While Defendant was using the equipment of the above factory with the consent of the injured party when the above contract was not properly implemented, Defendant was scheduled to operate the above factory by acquiring the factory by leasing the name of G in the name of G and operating it with G in around May 29, 2013.

G concluding a sales contract for F factory in the name of G. The buyer falsely stated that the sales amount is KRW 1.2 billion, and the buyer would pay the remainder KRW 140,000,000 by re-entry the existing sales contract into G.

However, the Defendant did not have agreed in advance to operate a partnership with G, and that G solely took over the said factory, and the Defendant merely notified G of the fact that the sales price of the said factory was 1.2 billion won, and that he did not notify the victim of the fact that he should additionally pay KRW 140 million as the balance of the sales price of the factory.