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

Punishment of the crime

On July 18, 2010, the Defendant was sentenced to a suspended sentence of 8 months for the crime of occupational breach of trust at the Incheon District Court, which became final and conclusive on July 24, 2010.

Around December 7, 2009, the Defendant, along with C, stated in the coffee shop that “A public works on the Emiscellaneous land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the victim owned, will be made from December 2009 to February 2010. Of the construction cost, the Defendant would pay KRW 100 million in advance. The Corporation will be the F Company, and the construction-related permission will be entrusted to the Defendant.”

However, on June 26, 2009, the Defendant filed an application for a building report with G on the ground that it was returned on the ground of supplement, and that it was impossible to perform civil engineering works since no measures were taken for the subsequent application for permission for development activities, and C knew that permission related to construction was not properly granted. Upon receipt of construction cost, the Defendant thought not only 70 million won, but also 70 million won was insufficient to perform construction works, such as the failure of the F company that operated.

Nevertheless, in collusion with C, the Defendant, by deceiving the victim as if it is possible to permit the civil engineering work, and then transferred KRW 97,000,000 from the victim to the corporate account operated by C on December 11, 2009 (on December 11, 2009, remittance of KRW 70,000 to the Defendant’s account).

Summary of Evidence

1. The legal statement of C, H, I, J, and K;

1. Some of the suspect's interrogation records of the defendant (including the statement of C and H);

1. The police statement of H;

1. Calculation of construction amount, management bond settlement book, details of passbook transaction, certificate of contents, sales contract, contract guarantee, transaction statement, contract statement, receipts, notes, copies of passbooks, etc., real estate sales contract, financial transaction contract, civil petition, understanding note, etc., details of passbook transaction, investigation report and field photograph;