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 became final and conclusive.

Punishment of the crime

[Criminal Power] On January 9, 2019, the Defendant was sentenced to imprisonment with prison labor and six months at the Incheon District Court for fraud, etc., and the above judgment was finalized on January 11, 2019.

【Criminal Facts】

The defendant's mother-friendly B and the victim C jointly newly built urban-type residential housing in Bupyeong-gu Incheon Metropolitan City, and the defendant and the victim entrusted with the affairs of sales agency by the victim and B, and the defendant deposited the money to the national bank account in the name of the victim in the name of the purchaser, and then agreed with the victim to distribute profits excluding advance investment out of the sales price deposited in the above account at the time of completion of sales.

1. Occupational embezzlement;

A. On September 26, 2013, the Defendant: (a) entered into a contract to sell D subparagraph E of the building to F KRW 132,50,000 at the Bupyeong-gu Incheon Metropolitan Government D D Sale Office; (b) instead of receiving the payment from F to the account in the name of the victim; and (c) embezzled the sum of KRW 2,00,000,000 to the new cooperative account in the above B’s name on March 11, 2014, and KRW 8 million around March 27, 2014; and (d) received KRW 14,50,000 from cash around May 16, 2014 and kept it for business purposes; (c) then, without the victim’s permission, the Defendant embezzled it by using it as a voluntary construction cost that the Defendant had been going into operation in the name of the victim.

B. On July 20, 2015, the Defendant: (a) concluded a contract to sell D building G units to H KRW 115,000,000 at the sales office of the said D building; (b) instead of receiving the sales price from H to the account under the victim’s name, and (c) embezzled KRW 52,868,769 in total by receiving KRW 52,868,769 from each of the aforementioned B to the new cooperative accounts under the victim’s name on July 22, 2015, and then receiving KRW 9 million on or around August 4, 2015; and (b) subsequently, he/she embezzled it by using the construction price that the Defendant was proceeding separately without the victim’s permission.

C. Around September 19, 2013, the Defendant entered into an agreement with J of D Building I to sell at KRW 119,796,076 at the same place.