A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Presumption of Facts] F is the representative director of Victim G Co., Ltd. (hereinafter “victim”) who is in charge of the collection and custody of company funds and other affairs of the victimized company.

The injured company was running the new construction of 1,540 apartment units I apartment units in Ulsan-gun H located in Ulsan-gun, Ulsan-gun (hereinafter “the apartment units of this case”). However, around November 200, F was detained by the injured company and the creditor of the lien et al. remains due to the non-payment or suspension of the business.

On January 2010, the Defendant, along with F, decided to operate the F-based K land rearrangement project at the net time when the J Co., Ltd. (hereinafter “J”) actually operated by F (hereinafter “J”), and disbursed a total of KRW 693 billion from February 2, 201 to December 2, 201 as its investment proceeds, but the said project did not proceed and was deemed to have been damaged.

Accordingly, the Defendant, having no relation with the victim company, disposed of the right to implement and execute the instant apartment housing construction project, which is the only property owned by the victimized company, in return for the payment that the victimized company would receive in return for the said K project, and received a successful bid for the land and buildings of the instant apartment construction project from M who is in friendship with the actual operator of L Co., Ltd. (hereinafter “L”) around July 201 in consultation with F.

As the acquisition price of the apartment project of this case, 10 billion won can be transferred to the above business, F will be responsible for and arranged for the remaining claims, such as lien, in order for F to transfer the above business rights and be carried out in the future.

With the proposal of “F will be responsible for the performance of the contract,” L has agreed to contribute the price of KRW 10 billion to L. In the sense of ensuring F’s performance of the contract around July 20, 201, L is a internal director and a joint representative director of N Co., Ltd. (hereinafter “N”) designated as a corporation taking over the instant apartment business right.