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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2012, 555"
1. Around October 4, 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) stated that the Defendant prepared a “notarial deed” with the content that the Defendant would not dispose of the bill without the agreement between the parties, on the grounds that: (a) around October 4, 2010, the Defendant was given the F with a loan of KRW 1 billion to the E Hospital operated by the victim D; and (b) was issued with a copy of a promissory note issued by the victim as the collateral; and (c) if the F fails to pay KRW 1 billion, the Defendant entered into a contract with the victim to claim the payment of the said promissory note; (d) the lessee would become the lessee of G in the above hospital located in the name of the victim; and (e) in the written contract with the content that the said bill would not be disposed of without the agreement between the parties, the Defendant prepared a “agreement” with the content that the Defendant and the victim would not dispose of the bill; (e) thus, (e) the Defendant changed the name of the above document to be preserved.
Nevertheless, on November 23, 2010, the Defendant, in violation of his duties, took over the said bill from the J, the president of the I Hospital, located in H, in the office of the representative director of the I Hospital, located in the area of the GI Hospital, and delivered the said hospital as a collateral for the acquisition price, and was unable to pay the acquisition price by the due date, the Defendant consented to the J, which was entrusted to the bank on January 25, 201, that it would receive the face value of the bill, thereby allowing the J to claim payment to the victim on April 4, 2011, which is the due date, by accepting the said bill from the KI Bank.
Accordingly, the defendant is worth KRW 1 billion to J.