A defendant shall be punished by imprisonment for not more than ten months.

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, as the representative director of E, a executing private person E, was conducting business.

On December 5, 2012, the Defendant, at the victim D office located in the 7th floor of Seocho-gu Seoul Metropolitan Government F Building, promoted the implementation business of constructing officetels with the 31st floor, 1,320 households on the site of “Chowon-si, H, I I, 1,792” to G, the representative director of the company.

Under good condition, 100 million won is changed as the performance bond for the victim company. On the face of week, 100 million won is paid as the design cost for the design company. If no building permit is granted until February 28, 2013, it is impossible to enter into a contract with the contractor and to enter into a contract with the contractor, and if it is not open a fixed model house by March 15, 2013, it is responsible by J as the designing company, and if it is not open by March 20, 2013, 10 million won as the performance bond will be returned by March 20, 2013.

If it is not possible to refund KRW 100 million of the performance bond for the sale agency, all of the business rights will be transferred to the victim company.

“Falsely speaking to the effect that it is “......”

However, in fact, Defendant 1 failed to secure H, I’s land 1792, Changwon-si, a business branch, and failed to secure funds to secure the land, and was unable to obtain a building permit until February 28, 2013. A part of the funds received KRW 100 million as a security deposit for the performance of the sale by proxy was required to be paid to K as a partner, and thus, Defendant 2 did not think that KRW 100 million should be paid as the design cost at the J, a design company, and was actually paid KRW 30 million.

In addition, the J, which received 30 million won as one design cost, did not have any idea to return 100 million won even if the design cost is returned due to the company's fault.

Moreover, since the instant business right has a business right jointly with K, it was difficult to transfer the instant business right to the victim company according to the Defendant’s decision.

Nevertheless, the defendant is the victim as above.