Defendants are not guilty.

1. Defendant A of the facts charged in the instant case is a person who operated the “Epic room” on the 2nd floor of the D building located in the Seoul Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) and Defendant B is a director of the “D Management System” entrusted by the sectional owners of the instant building.

Defendant

A, while operating the Epic room, intended to delay approximately KRW 60,000,000,000, such as management expenses and monthly rent, and to extend the above room to another person, and accordingly, entered into a lease contract with the victim F and the second floor of the building in this case and a comprehensive transfer contract for the above room.

The Defendants were aware of the fact that N, one of the sectional owners of 97 units of the 2nd floor of the instant building, filed a lawsuit against Defendant A’s partnerO of the instant building (G, H, I, J, K, K, L, and M). A voluntary decision to commence an auction against the 37 units of the instant building, including P, was made, and that the lawsuit and auction against the 2nd floor of the instant building was in progress. The fact that the lawsuit against the 2nd floor of the instant building was in progress is an important factor to decide whether to conclude a contract with the victim who takes over the instant second floor lease and the 2nd floor of the instant building, and the Defendants were obligated to notify the victim of the above fact under the good faith principle of transaction, but Defendant A had a duty to resolve the problem, such as unpaid management expenses, etc., after seeking a new lessee, so Defendant A failed to notify the victim of the fact that the lawsuit and auction were in progress.

Accordingly, around December 2, 2015, the Defendants entered into a lease agreement (a lease agreement of KRW 100 million, rent of KRW 12 million) between D and victim F on the second floor of the instant building on the second floor of the building, and between Defendant A and victim F and the second floor of the instant building at the same place around December 9, 2015.