1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Punishment of the crime

The defendant is the representative director of a corporation C (hereinafter referred to as "C") established for the purpose of real estate development and is a person who has the victim D and 50:50 shares and operates a business with the above company's director.

The Defendant and the victim purchased forest E, 3,977 square meters (hereinafter “the instant forest”) in Cheongju-si, Cheongju-si in order to conduct real estate development in the same business, but for the convenience of development permission, the Defendant and the victim registered the right to request the registration of transfer of ownership in the name of the Defendant’s sole name and to avoid subsequent compulsory execution, etc. on November 11, 2013. As such, the Defendant had a duty to faithfully manage the said forest, which is the property of the same business.

Nevertheless, on February 12, 2015, the Defendant borrowed 12 million won as the intention to use the Defendant’s children’s children’s school expenses from Cheongju-si (hereinafter “Cheongju-si”), and completed the registration of the right to request the transfer of ownership in the name of Company G operated by F as the actual representative on the same day.

Therefore, the defendant acquired property benefits equivalent to 12 million won in violation of the above duties, and the victim suffered a loss equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a complaint, agreement, and confirmation letter, all of the matters to be registered, certificate of deposit transaction, detailed statement of passbook transaction, loan certificate, investigation report (Attachment to documents related to building permit) and investigation report (Attachment to the decision of cancellation of provisional disposition);

1. Article 355 of the Criminal Act applicable to the crime and Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of Penalty)

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The summary of the assertion and D combine the site for the development project including the forest of this case. For the development permission, the forest of this case is registered as the sole ownership of the defendant.