The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged of this case / [Judgment]

A. The reconstruction and improvement project for D market reconstruction is a project for constructing apartment buildings, sales facilities, ancillary welfare facilities, etc. on the scale of 3,104.70 square meters in Seo-gu Incheon, Seo-gu (hereinafter “instant project”).

A victim D market reconstruction and rearrangement cooperative (hereinafter referred to as “victim D market reconstruction and rearrangement cooperative”) (hereinafter referred to as “victim D market”) selects F Co., Ltd. (hereinafter referred to as “F”) as a contractor, and G Co., Ltd. (hereinafter referred to as “G”) as a trustee of financial management, respectively, to newly build a “H” shop on the 18th floor size (hereinafter referred to as “instant commercial building”) and complete the registration of the preservation of ownership in the name of the victim association on August 22, 2014.

G opened a trust account in the name of G (hereinafter referred to as “trust account”) in accordance with the funds management agreement concluded between the said three parties, and was in charge of the affairs, such as the receipt of sales proceeds and the disbursement of construction expenses related to the instant commercial buildings.

F When the F claims the construction cost from the victim association, accompanied by a work performance confirmation (or a process confirmation certificate) of the reduction group every two months, the victim association requested the payment of the construction cost to G in accordance with the fund execution procedure, and G finally confirmed the construction performance rate and the public fraud amount, and paid the construction cost to F in the trust account.

B. The issue F related to the “Masan Agreement” and “Disposition Trust” were selected as the contractor for the instant commercial building after consultation with the victim union.

I (B) and the victim union decided to pay the existing debt owed by the cooperative to F, and to consult on the time, method, and amount of the repayment (the so-called “industrial agreement”) with the victim union (as of March 2011, the issue of so-called “the settlement”), and then there was no mutual conflict between the victim union and the victim union, until March 2015, it did not reach a settlement agreement.

In addition, the F agreed that part of the construction cost of the commercial building of this case will be repaid by the general sale of the commercial building of this case, and the registration has already been completed in the name of the victim union.