A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. Occupational breach of trust;

A. The Defendant was the actual operator (title representative director shall be wife D) of “limited liability company C” established for the purpose of real estate rental business, etc. located in the 6th floor in Seo-gu in Gwangju, Seo-gu, Gwangju.

On January 9, 2008, the Defendant borrowed KRW 20 million from E for an individual purpose, in violation of his duties, and prepared a cash custody certificate with the Defendant and the victim corporation as the borrower. Since the Defendant failed to repay the borrowed money, the Defendant filed a lawsuit claiming the return of the loan against the Defendant and the victim corporation on June 9, 2009.

Accordingly, the defendant acquired property benefits equivalent to the above borrowed money and suffered property damage equivalent to the same amount from the victim corporation.

B. On March 19, 2008, the Defendant borrowed 40 million won from F for personal purposes, and prepared a cash custody certificate with the victim corporation as the borrower in violation of its duties. Since then, the Defendant failed to repay the borrowed money, F made a provisional attachment on the building owned by the victim corporation around March 5, 2010.

Accordingly, the defendant acquired property benefits equivalent to the above borrowed money and suffered property damage equivalent to the same amount from the victim corporation.

C. Around October 30, 2008, the Defendant borrowed KRW 50 million from G for an individual purpose, and prepared a letter of payment and a letter of undertaking with the victim corporation as joint and several surety in violation of his/her duties. Since then, as the Defendant failed to repay the borrowed money, G seized the above building owned by the victim corporation on November 16, 2009.

Accordingly, the defendant acquired property benefits equivalent to the above borrowed money and suffered property damage equivalent to the same amount from the victim corporation.

2. On August 14, 2009, the Defendant entered into a contract for the transfer or acquisition of a victim H, I, and J at an office of the said legal entity, and the said legal entity’s ownership.