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

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

Punishment of the crime

On December 2, 2011, the Defendant proposed to the effect that “The Defendant may acquire the right to sell and sell scrap metal at D on the Korean construction site for KRW 30 million,” and “the Defendant would divide profits after acquiring the right to sell and sell scrap metal by additionally imposing KRW 20 million on the face of the week.” On January 2, 2012, the victim consented to the transfer of KRW 20 million to the Defendant for the acquisition cost of the right to trade scrap metal.

Around that time, the Defendant entered into a contract with D and D to acquire the right to purchase the scrap metal at the national construction site, and entered into a contract to purchase the scrap metal at D’s apartment site in the name of the victim again on July 24, 2012. The Defendant concluded a contract to purchase the scrap metal at D and D’s apartment site in the name of the victim again on July 24, 2012.

As a result, the defendant and the victim entered into a partnership business contract to purchase and sell the scrap metal at the construction site of the above construction site and divide profits together, and have acquired the right to purchase scrap metal at the construction site of D due to the partner's bankruptcy.

Around January 2013, the victim sold the right to purchase the scrap iron at the construction site of the apartment site of the relevant Goyangyang District to another place, and requested the defendant to return the amount of KRW 20 million borne by the victim as above, on the ground that the proceeds of the business of selling the scrap iron at the construction site of the above Goyangyang District was not raised, and the defendant disposed of the right to purchase the scrap iron at the construction site of the apartment site of the Goyangyang District acquired with the victim for the victim and paid the purchase price to the victim.

Nevertheless, the Defendant, on June 2013, sold the right to purchase the scrap metal at the apartment construction site in the YY E, which is a business asset of the Defendant and the victim, to the E, and received the payment for the sales price of the assets in the same business for the victim, and used it at will as the Defendant’s debt repayment.