A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[2013 Highest 3078] The Defendant is a person who is engaged in the construction business. On June 16, 2012, the Defendant entered into a partnership agreement with the victim D, stating that “The amount equivalent to 1.48 million won of the total construction cost is to be newly built and sold in Gwangju-si E, F and G ground, but the amount of 60 million won out of the construction cost shall be the victim, and the remaining amount of 880 million won shall be the amount to be appropriated for the loan by taking out the above E and two parcels as collateral.”

The Defendant, under the foregoing business agreement, received KRW 150 million from the victim as the construction cost and embezzled KRW 70 million around June 20, 2012, and KRW 80 million around August 20, 2012, and kept the same in custody. Around that time, the Defendant arbitrarily consumed a total of KRW 9620,000 for loans, etc. to the branch, etc., and embezzled it.

[2014 Highest 654] On June 16, 2012, the Defendant entered into a partnership agreement with Nonindicted Party H (the title holder under the agreement refers to H’s wife I) and the victim to divide profits by constructing and selling multi-household houses equivalent to KRW 1,480,000,000 in the construction cost on Gwangju-si, Gwangju-si, F and G ground, J-owned.

Upon the conclusion of the above partnership agreement, the Defendant provided the above land with the consent of the J, entrusted with the implementation of the project, such as building permission and construction. Of the construction cost, the Defendant bears the financial expenses of KRW 550,000,000,00,000, which is appropriated for the loan of land collateral. Of the construction cost, the victim would contribute the construction cost of KRW 1.488,000,000 to cash, and H would bear the financial expenses of KRW 33,000,000 out of the loan of land collateral, and the amount of KRW 60,000 out of the net profit after the sale of the above house was

However, around October 2012, when the development project was interrupted by the opposition of village residents and the development project was suspended, the Defendant and H conspired with the victim to purchase the land subject to the project from J and agreed to purchase the said land at KRW 453 million.