A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[2015 Highest 602] Defendant Co., Ltd. concluded a trust agreement with K non-real estate trust company and the non-real estate trust company with respect to the government-Si building C around May 10, 2012, and completed the registration of transfer of ownership based on the trust in the future of the above company on the same day, and entered into a trust agreement with the trustee as K non-real estate trust company around July 12, 2012, and completed the registration of transfer of ownership based on the trust in the future of the above company around July 13, 2012.

Accordingly, the defendant did not have the right to enter into a lease contract for the building without the prior consent of the trustee, since he did not enter into a new lease or loan contract after the conclusion of the trust contract under the name of the trustee, or should deposit the lease deposit to the trustee under the name of the truster.

Nevertheless, the Defendant did not obtain the consent of the K non-real estate trust company, and at the F Authorized Brokerage Office located in the Gu Government-si E around September 10, 2012, the victim G “The ownership of the D building belongs to B, and the trust company will only be managed, so it may not be used for nego.

“Along with the fact that the Defendant had the right to lease,” the following was committed as if the Defendant had the right to lease.

The Defendant entered into a real estate lease agreement with the victim as to subparagraph 304 of the said D building with a deposit of KRW 30 million on September 10, 2012, and received from the victim a deposit of KRW 3 million on or around September 15, 2012, a sum of KRW 27 million on or around September 15, 2012 from the victim, to an account in the name of the Defendant.

In addition, the Defendant concluded a lease agreement on the victims and D buildings and C buildings on a total of 12 occasions from September 10, 2012 to March 14, 2014, as indicated in the list of crimes in the attached Table, and concluded a lease agreement with the victims on a total of 12 occasions, and combined from the victims as the deposit money for lease.