A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

"2014 Highest 1016"

1. Breach of trust against the victim G;

A. On November 201, the Defendant, as the representative director of H Co., Ltd. (hereinafter “H”), made a lump sum subcontract to K for 60 households of urban-type residential housing in Seocho-gu Seoul, Seocho-gu, Seoul, and J-based urban-type residential housing in KRW 3 billion for the construction cost. The construction cost of KRW 600 million was paid in lieu of three bonds of urban-type residential housing in Seoul, Jung-gu L, M, and N-based residential housing in which H is being constructed, and the Defendant agreed to pay KRW 2.4 billion in cash.

K around February 2012, when performing the above P 60-household housing construction project, it was supplied with a total amount of KRW 95 million from the victim G with the market price of the temporary materials, such as large house, etc., and it was decided that the above O-type housing sales contract (401), which was paid in kind by the Defendant, shall be paid to the victim as the price for the supply of large house.

On February 13, 2012, the victim and K purchased 401-2,380,000,000 won of the O-type residential housing (O-type residential housing) by the victim, and the sales contract was concluded that "The victim shall pay 50,000,000 won of the intermediate payment, which is part of the 40,000,000 won and the intermediate payment, after deducting 95,00,000,000 won, (2) on February 16, 2012, and (3) on July 30, 2012, which is the scheduled occupancy date, to pay 63,80,000 won of the remainder."

According to the contract, the victim offsets down payment and partial intermediate payment of KRW 90 million out of KRW 95 million of the price for the supply of fast price, and remitted KRW 50 million to the bank account in the name of H designated by K around February 16, 2012.

After that, on July 20, 2012, the victim intended to pay the balance according to the above sales contract and move into 401, but the completion of the above O-type residential housing was delayed, and the above 401 E-O-type residential housing was due to the members of the local housing association and the return of 401 housing units to the local housing association is due to the above 401 housing units.

B. Around October 18, 2012, the Defendant and the victim are the Defendant with 401 U.S.-type residential housing.