1. The defendant A shall be punished by imprisonment with prison labor for a year and two months, and the defendant B by imprisonment for a period of four months;

2.Provided, That this judgment has become final and conclusive.

Punishment of the crime

[criminal records] On February 15, 2017, the Defendant was sentenced to one year of imprisonment for embezzlement at the Busan District Court and two years of suspended execution, and the judgment became final and conclusive on February 23, 2017.

[2] Around July 2006, Defendant A entered into a partnership agreement with the content that he/she would purchase the land of this case and distribute profits by newly constructing and selling a factory on that ground after purchasing five lots of land, including Kimhae-si, Kimhae-si (hereinafter “D”) and then selling them on that ground.

The victim invested KRW 200 million in accordance with the above business agreement, and the defendant received a loan of KRW 200 million on the land of which ownership had been completed by the previous class, as collateral, and paid the price of the land to the said money.

On November 28, 2006, the Defendant received a remittance of KRW 100 million from the damaged person for the purpose of developing the instant land, and on April 23, 2008, received a loan of KRW 650 million as collateral with the consent of the injured person, and used the said loan amount of KRW 200 million to repay the said loan, and used the remainder of KRW 450 million for the purpose unrelated to the purpose of the business.

Accordingly, on December 22, 2014, the victim filed a complaint against the defendant with the Busan High Police Station for fraud, etc. On June 17, 2015, the Busan High Court filed a claim for the return of KRW 550 million against the defendant as at 4262, which was 4262, and at the same time filed a claim for the return of KRW 450 million as at the time when the claim for the damage compensation of KRW 450 million was preserved by the Busan High Court as at 2015Kahap618, the claim for the provisional attachment against the defendant Kim Jong-hae Agricultural Cooperative was issued on June 30, 2015.

When the victim was anticipated to provisionally seize the defendant's deposit claim, the defendant was willing to transfer the money deposited in the agricultural bank account under the name of the defendant to the account in the name of the defendant I, the defendant's wife, and around July 2, 2015.