A defendant shall be punished by imprisonment for one year.

except that 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 December 23, 2008, the defendant was sentenced to the suspension of the execution of one year and six months in imprisonment with prison labor at the Gwangju District Court on December 3, 2008, and the judgment was finalized on December 31, 2008, and on July 22, 2009, the Gwangju District Court sentenced the suspension of the execution of two years in imprisonment with prison labor for breach of trust at the Gwangju District Court on July 30, 2009.

1. Fraud against the victim C;

A. On October 20, 2006, the Defendant: (a) sold earth and sand to a national industrial complex that collects sand from approximately 85,800 square meters of land F in Gwangju-gu, Gwangju-gu, and sells land to another national industrial complex where G construction is conducted; and (b) if land is constructed and sold into a factory site, a short-term profit may accrue from the sale of land. On February 28, 2007, the Defendant borrowed KRW 100 million, the Defendant provided the victim C’s work as an assistant principal to the victim at the E elementary school located in Gwangju-gu, Gwangju-gu, Gwangju-gu, the Defendant would provide the victim with 30% of the I construction cost of the H complex in the Jeonyang-gu, Yangyang-gu, Gwangju-gu, by March 31, 2007; and (c) the principal KRW 100 million, by February 28,

However, the defendant did not have any specific plan for gathering earth and sand and building a factory site, and there was no business fund. Even if he did not obtain permission for gathering earth and sand, even if he did not receive money from the victim, he did not have the intent or ability to proceed with the business, such as gathering earth and sand. There was no intention or ability to repay money due to excess of debt at the time, and he was thought to use the money received from the victim as personal business expenses and living expenses of the defendant.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 60 million from the victim to the Gwangju Bank account under the name of the Defendant; and (c) received KRW 20 million from the victim in Gwangju Buddhist District at around that time.

B. On November 21, 2006, the Defendant purchased approximately KRW 33,000 square meters from the above E Elementary School to the victim C, and collected and sold soil and sand at KRW 700,000,00,000, and if the land is constructed and sold as a factory site, the Defendant can make a short-term profit.