A defendant shall be punished by imprisonment for two years.

Punishment of the crime

While the Defendant was exercising the right of retention of Yongsan-gu Seoul Metropolitan Government Down (hereinafter “E”) from construction business operators in light of name in 2005 with the authority delegated by the Defendant to him/her to him/her. On April 18, 2007, the Defendant: (a) around January 18, 2008, with E Co., Ltd. (hereinafter “E”) that received the registration for the transfer of ownership of the said loan through an auction on April 18, 2007, and (b) around January 18, 2008, jointly sold and sold to E and paid KRW 6.7 billion out of the sale price to E, and the remainder has the right of the Defendant.

(2) The defendant shall first submit to E a letter of waiver of lien of lien holder (F, defendant, stock company G-H) and submit a letter of waiver of lien, such as I, by March 30, 2008, and performance of obligation to the lien holder is responsible for the defendant.

③ Although the remaining construction period was from January 9, 2008 to May 8, 2008, the Defendant concluded an agreement with the purport that “if the Defendant fails to complete the construction within the said period, he/she shall waive all rights related to claims for the remainder of construction works and lien, return the remainder to E, return the remainder of the construction work, and assume liability for damages and legal liability due to the failure to complete the construction completion,” the construction completion was not completed by May 8, 2008, the remaining construction period stipulated in the said agreement.

On April 18, 2007, the Korea Asset Trust Co., Ltd., which received the registration of transfer of ownership on the ground of trust from E, filed an application for a provisional disposition demanding the prohibition of interference with the construction of the loan to the other party against the defendant, etc. who occupied the loan of this case by the Seoul Western District Court 2007Kahap 1512, but on November 8, 2007, the decision to dismiss the application for provisional disposition on the ground that "the possession of the defendant, by the possession delegated by G, has a legitimate right to occupy the loan of this case" (hereinafter referred to as "the first decision") was rendered on November 13, 2007 with the Seoul High Court 2007Ra2317, Oct. 2, 2008.