A defendant shall be punished by imprisonment for one year.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2014 Highest 1607]

1. On January 29, 2013, the 6, 7, 8, and 9th H building in Seoul Special Metropolitan City, Nowon-gu owned by J (Representative Director J). K, a arche of J, entered into a contract for the sale of each floor on the purchase price of nine billion won between L and L, who seeks to operate a wedding hall in the relevant building and L, but L was unable to pay part of the down payment, and entered into a lease contract on each floor between M and M around June 5, 2013.

In this regard, MDo buildings have not been used on the wind that continuously occupies Ldo buildings.

On July 4, 2013, the Defendant: (a) formulated a plan to operate a wedding hall and agreed to enter into a sales contract with K for each floor in the event that L and M both waives the contract or the contract becomes null and void by resolving the contractual issues entered into with L and M.

On July 31, 2013, the Defendant agreed to return KRW 1.2 billion, which was paid by M to K, from July 31, 2013. On September 11, 2013, the Defendant agreed to pay KRW 170 million to L as the transfer price, while deciding to succeed to the deposit amount of KRW 700 million received from the operators, such as pictures, beauty, and dice, who are cooperation providers in L with L, and the terms and conditions of the contract.

However, the Defendant did not have funds, and there was no way to raise funds, and therefore, there was no ability to perform the contractual terms with respect to M and L, since the loan of KRW 7 billion applied to NH Securities Co., Ltd.

In around September 17, 2013, the Defendant concluded a new wedding shop sales contract in the absence of funds, and concluded a new wedding shop sales contract to carry out construction with some of the deposit, and then, through N, an employee N used to purchase “H building 6, 7, 8, and 9 floors and complete the wedding hall business” on or around October 25, 2013, the first wedding will begin from around November 3, 2013, and set up a security for the deposit.