A defendant shall be punished by imprisonment for not more than ten months.

However, 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 July 2012, 2012, the Defendant drafted a business agreement with the victim D to the effect that “if the Defendant has been engaged in the business of construction and sales of dual floor, and has invested in the loan, he will success in the business and reduce 30% of the shares.” On October 22, 2012, the Defendant transferred the patent property and products offered by the Defendant to the victim for the above business, and then transferred them to the victim at the law firm office located in the 620-3, Young-dong, Seowon-dong, Kim Young-dong, Kim Jong-dong, 2012, “The Defendant shall transfer the patent property and products offered by the Defendant for the above business at present, and after the business normalization is converted into a joint corporation, 50% of the shares shall be divided.”

However, although the defendant is preparing for the business of supplying and constructing materials for both sides to the construction company, he was unable to pay approximately KRW 210,000,000 to the company that produced the side materials before the contract with the victim, and was in arrears with taxes of KRW 20,00,000,000, not only was the construction company that supplied the side materials prior to the request for repair due to the defect of the product, but also was not carrying out the business. The construction company did not enter into a contract for the supply of materials for both sides, and even if receiving an investment from the victim, it did not think that a new product is produced and sold, and it was thought that it was used for the defendant's debt, living expenses, etc.

As above, the Defendant: (a) opened a passbook or cash card at the bank account (E) in the name of the victim from the victim on July 11, 2012; and (b) withdrawn KRW 56,540,403, which was entered in the said account from December 20, 2012 from that time to December 20, 2012; and (c) withdrawn from November 30, 2012 to January 9, 2014, the Defendant used the amount of KRW 35,00,000,000 as stated in the attached Table No. 14 or 18 from November 30 to January 9, 2014.