A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

[2018 Highest 1881] The defendant has been engaged in the business of concluding the above company's real estate service contract from April 30, 2008 to June 1, 2010 as the representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Settlement Bank Co., Ltd.

The defendant, around May 7, 2008, entered into a real estate service agreement with the representative director of the company in charge of the purchase of the apartment house project site in the office of the company in charge of the dispute settlement in Seongbuk-gu, Seongbuk-si, Sung-si, and received 300 million won down payment from the G account (Account Number H) in the name of the defendant.

While the Defendant was in custody for the victim of the said down payment, the Defendant embezzled the said down payment for seven occasions from May 8, 2008 to July 7, 2008 by consuming the sum of KRW 130,150,000,000 for personal use, such as entertainment expenses, in mind, as indicated in the attached list of crimes (1).

[2018 Highest 2575] On July 21, 2016, the Defendant: “Around July 21, 2016, the first floor underground shopping complex in Gwangjin-gu Seoul Special Metropolitan City, the Defendant was awarded a subcontract to the Victim K with respect to L construction projects, permanent burials, and construction works of telecommunications equipment and facilities from N, the executor of the construction of new M,O, P, Q, history museums, and the construction of new M, which is developed in Chuncheon in Gangwon-do. Of the foregoing construction, the Defendant delegated the authority to enter into a subcontract with respect to the entire M, P, Q, historical museums, and the entire construction of incidental facilities. The amount of deposit would be KRW 16 million. It would be delegated with a subcontract received from N, by means of a memorandum of understanding on strategic alliance.”

However, in fact, the LAJ did not receive a subcontract for the above construction from N, and even if the defendant received money from the victim, he thought that it will be used for personal purposes, such as living expenses, etc., so there was no intention or ability to delegate the right to subcontract for the hotel construction in Chuncheon area.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20,000 from the victim to the G account in the name of the J representative director of the KJ in July 21, 2016.