A defendant shall be punished by imprisonment for one year.

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

[2013 Highest 3020]

1. The embezzlement Defendant, with the victim C, agreed to conduct the sales agency business of the above apartment units with respect to the Eth, second, and third apartment units newly constructed at the time of door-to-door construction by D, a company managing the victim, and the victim, upon completion of the sale of the above apartment units, agreed to pay the Defendant the sales agency fee of KRW 3 million per unit of the apartment unit. From the beginning of 2010 to the beginning of 2012, the Defendant performed the sales agency business of the above apartment units.

Around March 2, 2011, the Defendant entered into a sales contract with G about 101 Dong 802 of the above apartment house at the F apartment sales office around door-gu around August 2, 2010. Around March 2, 2011, while receiving KRW 100 million from G as an intermediate payment from the above office and being kept for the victim, the Defendant embezzled it at his own discretion by using it as living expenses, personnel expenses and expenses of the Defendant’s employees.

B. Around February 3, 2012, the embezzlement: (a) around January 11, 2012, the Defendant entered into a sales contract with I for the said apartment 101 Dong 701 and embezzled the said apartment 1,00,000 won on the same day as the Defendant’s account; and (b) on February 3, 2012, the Defendant received KRW 9,000 from the Defendant as the contract deposit and kept for the victim; and (c) used it at his/her discretion as living expenses, personnel expenses and expenses of the Defendant’s employees.

2. On December 29, 201, the Defendant: (a) appears to have been in writing in the debtor column of the loan certificate form “K” without authority for the purpose of exercising the authority at the J apartment sale office; (b) on the date on which the loan certificate form was borrowed, the Defendant: (c) stated “K million won” in the loan form and “C’s seal on December 29, 201; and (d) affixed the prior seal of “C” in its possession on the date; (c) forged one copy of the loan certificate in the name of C, which is a private document on rights and obligations; and (d) presented it to L as if the above loan certificate was duly completed.

[2013 Highest 3442] The Defendant shall transfer the victim L to C.