A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 21, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for an occupational breach of trust at the Seoul Central District Court, and the said judgment became final and conclusive on November 29, 2014.

[2] On September 201, 201, the Defendant would return money to the victim C with interest of 24% per annum in a case where: (a) the Defendant transferred to the victim the right to sell a new E-construction facility and apartment unit newly built at E-building located in Ischeon-si, Seoul, by October 31, 2011; and (b) it is not possible to transfer the right to sell an apartment unit within the due date to the victim C.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time of the fact, the defendant was prepared only by the understanding for the acquisition of the above new construction project, making it difficult for the defendant to take over the project due to the lack of financing for the acquisition of the project. Since the defendant used all the money received from the damaged company in the situation where only the expenses are paid without profits, the defendant did not have the intent or ability to return the money received from the damaged company, such as the agreement, even if he received the money from the damaged company.

On September 26, 201, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 50 million to the post office account in the name of the Defendant under the pretext of transfer of the right to sell as an agent around September 26, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Loan certificate, deposit slip, sales agency contract, and joint business contract;

1. A previous conviction: A criminal history inquiry, text of judgment, and case summary information inquiry [the defendant did not deceiving the victim and did not have intention to defraudation], but the defendant was paid KRW 50 million as he agreed to transfer the right to sell an apartment building to the victim under an unsatisfy situation where the acquisition of the new apartment construction project was not carried out, and the defendant was operated at the time.