A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is actually operating E in the position of the representative director F of E Co., Ltd. (hereinafter referred to as “E”) located in Jung-gu Incheon Metropolitan Government D, and is actually operating E as the head of the management team.

E around June 2005, in order to secure the obligation of loans to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and the Agricultural Cooperatives Federation, E entered into a real estate collateral trust contract with respect to the building owned by Jung-gu Incheon Metropolitan Government D above (hereinafter “instant building”).

E If the Korea Land Trust, which is a trustee, disposes of the above building by public auction in violation of a credit transaction contract between the Agricultural Cooperatives Federation, which is the first beneficiary, the lessee of the above building shall enter into a lease contract with the prior approval of the Korea Land Trust, which is the trustee, to claim the validity of the lease contract to the Korea Land Trust, and receive the preferential repayment of the deposit from the proceeds of public auction

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) Without prior consent of the trustee, the truster shall not reduce the value of trusted real estate by any act that restricts ownership, such as lease, mortgage, establishment of a right to lease on a deposit basis, or by any act that alters the present state of trusted real estate.

Article 10 (Lease, etc.) (3) In cases where a lease contract is renewed or a new lease contract is concluded within a trust period due to the expiration of the lease contract, the termination of the lease contract, etc., the truster shall conclude the contract under his/her name with prior consent of the trustee pursuant to the provisions of Article 9 (2)

Article 22 (1) of the above Real Estate Security Trust Contract, where a trustee liquidates and adjusts the trusted real estate, the order of payment shall be as follows:

1. Expenses and remuneration related to the trust deed;

(a) Expenses;

(b) Remuneration;

2. Small-sum lease deposit prior to the registration of trust;