A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the violation of the respective Labor Standards Act against D, E, and F.

Punishment of the crime

[criminal power] On June 30, 2011, the Defendant was sentenced to two years of imprisonment for the crime of occupational embezzlement at the Seoul Eastern District Court, and the judgment was finalized on June 12, 2012, and one year of imprisonment with prison labor at the Suwon District Court on December 6, 2012, and the judgment was finalized on December 14, 2012.

[2012 Highest 544] The Defendant is a person who has been engaged in real estate development business while operating H and J architect office in Songpa-gu Seoul Metropolitan Government G.

From December 2006, the Defendant promoted a new construction project of a main complex building with the size of 38 floors above ground and 5 floors below ground on the 9th parcel of land, such as Gyeonggi-si K, Gyeonggi-gu, etc.

Around December 27, 2007, the defendant knew in H office that he would be able to grant the victim L with the right of vicarious sale of the main complex building newly constructed on the above K's land. As a security deposit, the victim's security deposit was to be repaid with the PF loan from the financial institution in the future, and the victim's security deposit was to be returned to the victim by March 10, 2008 when the PF loan is delayed or is not dead.

In fact, H & J architect Co., Ltd. operated by the defendant was closed down with the monthly salary of its employees, and the defendant did not have the intent or ability to exercise the right to sell the building of this case on behalf of the victim, and there was no intention or ability to return the deposited money of the victim until March 10, 2008, due to the failure of the PF loan, due to the failure of the PF loan to return it until March 10, 2008.

The defendant received 280 million won from the victim to M's national bank account designated by the defendant as a security deposit for sale by proxy from the victim.

[2012 Highest 5597] The Defendant borrowed KRW 1.3 billion from Macaria Co., Ltd. as a person who has engaged in real estate development business as O in Songpa-gu Seoul Songpa-gu N.