A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

[2012 Gohap 1635] - Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to Victims K of the Act:

On June 12, 2009, the MM reconstruction association has completed the trust registration in the name of the Asian trust agreement resolution committee with the Asian trust company (hereinafter referred to as the " Asian trust agreement resolution committee"), making the beneficiary as the MM reconstruction association as the beneficiary in accordance with the trust agreement.

At this time, construction private Samsung C&T Co., Ltd. (hereinafter "T&T") established a pledge on the right to benefit of the M&T association.

On August 14, 2009, the Asian Trust Co., Ltd. New Co., Ltd. (hereinafter referred to as the "New Co., Ltd.") (hereinafter referred to as the "New Co., Ltd.") entered into a sales contract with the Asian Trust Co., Ltd. (hereinafter referred to as the "New Co., Ltd.") to determine the price for 78 stores among L Co., Ltd., which is 14,780,184,000 won, and pay the price to the Samsung Trust Co., Ltd. Co., Ltd., Ltd. as the pledge holder, and to receive the ownership of the above store from the Asian Trust Co., Ltd., Ltd. (hereinafter referred to as the "One sales contract") after the balance is paid in full.

The Co., Ltd. paid KRW 1 billion in advance on August 14, 2009 and KRW 478,018,400 in advance on August 21, 2009, which was the date of the conclusion of the first sale contract, to the Samsung Water Co., Ltd., respectively, but did not pay the remainder of intermediate payment of KRW 7,390,092,00 in advance and the remainder of KRW 5,912,073,60 in advance.

The provision of commercial security for the preparation of the sales price for commercial buildings and the Defendant of a financial institution loan shall be entitled to a loan from a financial institution as collateral for the above store which is an object of sale while making up for the sales price under the first sales contract, and 78 of the above store A shall be 44 (hereinafter referred to as “A Dong store”) and 34 stores B (hereinafter referred to as “A Dong store”).