A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 1, 2013, the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at a source of a water source method and for the same year on May 1, 2013.

5.9 The above judgment became final and conclusive.

On September 7, 2004, the Defendant: (a) as a proxy with the victim D; (b) as a proxy, the Defendant and the victim (hereinafter “E”); (c) as a proxy with the F-gu Seoul Metropolitan City F Building (hereinafter “the instant building”) owned by the E Co., Ltd. (hereinafter “E”); (d) as a matter of course, the damaged party bears one billion won of the sales deposit necessary to conclude the sales agency contract; and (e) as a matter of course, the Defendant has entered into a business agreement with the effect that 6/8 of the sales agency fee (8% of the sales price) will be divided by the Defendant and the damaged party, and 2/8 of the sales agency fee (8% of the sales price) will be divided by E.

Pursuant to the above agreement, G (hereinafter referred to as “G”) and H (hereinafter referred to as “H”) in the operation of the Defendant entered into a sales agency contract with E on the same day, which includes the contents of the above agreement, and was designated as a joint sales agency for the instant building.

After the Defendant performed the sales agency business in accordance with the above sales agency contract, from January 13, 2005 to May 29, 2009, the Defendant received 44,000,000 won in total as sales agency fees from E over eight occasions, and embezzled the total amount of the above money for personal purposes, instead of paying to the victim a certain amount under the above sales agency contract.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Statement made by witnesses D and I in the second public trial protocol;

1. Legal statement of a witness I;

1. Contracts for sales by proxy;

1. Detailed data, such as the details of payment of the sales commission, and the details of additional payment of the sales commission, for E payments;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (suspect A final and conclusive judgment);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;