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

[Majority Opinion] On April 3, 2015, the Defendant was sentenced to imprisonment with prison labor for a year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on April 3, 2015, and the above judgment became final and conclusive on July 9, 20

[2] From March 2008, the Defendant had overall control over the management, execution, sale, etc. of the C Co., Ltd. as the representative director of the victim C Co., Ltd. (hereinafter “victim”) who is a private party to the construction of B apartment in Seoul Special Metropolitan City, Gwanak-gu.

From June 2003, the Defendant promoted D Apartment Building Project, Seoul Mapo-gu Officetel Building Project, Seoul Gwanak-gu Seoul Special Metropolitan City FF Building Reconstruction Project, but failed to perform the above project due to financial shortage, etc., and instructed the creditors of the above debt who were unrelated to the victimized company to pay debt and return the sales price, etc., the Defendant thought that the above B commercial building and apartment were sold to the creditors of the above debt who were irrelevant to the victimized company, and had the ownership transfer registration, etc. for the building by the method of real payment without paying the sales price.

Accordingly, the Defendant, as the representative director of the victimized Company, has a duty to register B apartment units executed by the victimized Company with the payment of the purchase price, even if there was a duty to register the B apartment units, at the damaged Company's office on July 29, 2010 in Seoul Special Metropolitan City FF building 2; at the damaged Company's office on July 29, 2010 where G borrowed loan claims of KRW 100 million around 2006, after concluding a sales contract with H and market price of KRW 189,000 in excess of KRW 189,00,000 in the above B building 1 and received the sale price, it was treated as having received the sale price in full, and then the Defendant, upon completing a provisional registration for preserving the right to claim for the transfer of ownership with respect to subparagraph 1 of the above B building, has acquired property profits equivalent to KRW 18,549,000 from that time to time to time the victimized Company, and has inflicted property losses equivalent to the same amount.