Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for eight months.

except that this judgment.

Punishment of the crime

[Judgment of the court below] The G Wholesale Market management Dong located in Ansan-si F shall have food materials, equivalent to 3,458 square meters of public property in Ansan-si.

The above food materials and horse sets are places where daily sales amounting to KRW 120 million, and from the tender conducted around June 2010 to KRW 1,531,110,000 as annual rent, KRW 1,120,000 as annual rent, KRW 1,30,000 as well as KRW 637,30,00 as the J (ju) received permission for the use of the above amount for three years from July 1, 2010 to June 30, 2013.

Defendant

B The actual operator of H, (State), K, and (State)M; Defendant C is the manager of (State) H with Defendant B’s wife; Defendant C is the representative director of (State); Defendant A works as the head of the G wholesale market management office as a public official of Grade V in the local government; and Defendant A is engaged in the duties of leasing and collecting rent for public property in Ansan-si located in the said market.

【Criminal Facts】

1. No person in violation of the Public Property and Commodity Management Act shall use or profit from public property without obtaining permission from the head of a local government;

Defendant

B In the course of operating H, the use and benefit was granted in KRW 3,53,110,000 for the annual rent of KRW 1,53,110,00 for the three-year contract period, and the annual rent, on or around June 2010, under the condition that he does not sublease the above food materials

Nevertheless, Defendant B, without permission for the use of the Ansan market, run the business in the name of K from January 1, 201 to December 31, 2011, raised the sales of KRW 9,784,080,171 and KRW 993,793,133. From February 1, 2012 to January 31, 201, Defendant B, without permission for the use of the Ansan market, lent part of the above food materials to L, etc. without permission, and received rent of KRW 102,720,000 in total.

As a result, Defendant B used the above food materials marina without permission of the Ansan market.

2. Around June 2010, Defendant B and Defendant C are running a business with the permission to use food materials set above, and even if they paid a rent of KRW 1.53,110,000 per annum for the year 201.