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

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

Punishment of the crime

[2012 Highest 9516]

1. The Defendant, in relation to the sale of E commercial buildings implemented by the Seoul Special Metropolitan City Gwanak-gu D Co., Ltd, received the sales agency and the sales price from the buyer and delivered to the said D Co., Ltd.

On June 9, 2009, the Defendant received 20,000,000 won from the victim F as the subscription money for commercial buildings 107 and 122. On October 16, 2009, the Defendant received 28,704,000 won as the intermediate payment for commercial buildings 114 from the victim G and embezzled for personal purposes around that time while he kept for the victims.

[2013 Highest 1523]

2. In around 2009, when the Defendant was unable to receive the sales commission due to the failure to pay the sales commission while vicariously performing the sales business related to E commercial buildings executed by the Seoul Special Metropolitan City D Co., Ltd., the Defendant was able to obtain money from the buyer as the part of the sales payment from the buyer.

On November 2, 2009, the Defendant, at the Etel sales office of Gwanak-gu, Seoul Special Metropolitan City, issued 25,822,842 won from the victim as if he/she had sold an officetel as if he/she would have sold the officetel with the intent to use it for operating expenses of the sales office operated by the Defendant, even if he/she received the officetel part payments from the victim, and acquired it by fraud from the victim as part of the sales payment of officetels.

3. The Defendant forged a private document by using a computer kept at the time and place specified in the preceding paragraph at the time, and at the same time, prepared and printed the deposit list stating “H” and the intermediate payment column “H” (25,82,842 won in total) and “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY