A defendant shall be punished by imprisonment for two years.

Punishment of the crime

D On May 10, 2005, the Victim E Co., Ltd. (hereinafter “E”) and G Co., Ltd. (hereinafter “G”) operated by F (hereinafter “G”) jointly carried out the K rearrangement project (hereinafter “instant rearrangement project”) on the size of 4,803 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, I large 44 square meters, and J large 386 square meters in size, and agreed to have the profits divided.

On August 30, 2005, the victim and G entered into a contract (hereinafter referred to as “instant contract”) with L Co., Ltd. (hereinafter referred to as “L. At the time, the Defendant was the representative director of L), transferring the right to implement the instant rearrangement project to L, and vicariously performing the services necessary for the rearrangement project of this case, and in return, receiving service fees of KRW 6 billion (including value-added tax) from L.

G and L decided to reduce service fees set forth in the contract of this case to 5.5 billion won (including value added tax) around February 2007.

On February 22, 2007, the victim and G divided the service fees of KRW 5.5 billion that G will receive from L on February 22, 2007, into KRW 1 billion with the victim and G, and the remainder of KRW 3.5 billion divided into KRW 1.475 billion with the victim and KRW 2.5 billion with G.

The Defendant purchased all G shares from F around March 2007, and substantially operated G from around that time.

G received down payment of KRW 2 billion from L on March 5, 2007, and paid KRW 1 billion among them to the victim on March 9, 2007.

G received 3.5 billion won from March 15, 201 to July 1, 2011 by either receiving deposits from L to G deposit account or directly delivering cashier's checks.

However, on March 15, 2011, the Defendant used all remaining 3.5 billion won for personal purposes from March 15, 2011 to July 1, 2011, including withdrawing and using 35 million won from the G deposit account as cashier’s checks.

Accordingly, the defendant is in the course of keeping 1.477 billion won, which is the victim's share in the balance received by G from L, for the victim.