Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Punishment of the crime

Defendant

A, while substantially operating H (hereinafter referred to as “H”) a corporation mainly for real estate development projects with G, is in charge of the purchase, management, and financing of business funds of the above company. Defendant B, as the representative director of H, is in charge of the purchase, management, and financing of the above company’s assets together with Defendant A.

H around December 2004, for the purpose of using it as a site for H business, which is a general amusement facility promoted by the above company, H purchased Bocheon-si I, J, K, and L (hereinafter “H site”), and completed the registration of ownership transfer under H’s name.

In such a case, the Defendants are obliged to manage and use the land above H for H, and are in breach of this duty despite the existence of an occupational duty not to dispose of the land above H for personal purposes or not to establish a security right;

1. On August 27, 2008, the Defendants set up a right to collateral security of KRW 1,810,000,000 on H’s H site (except for NT land 1,810, O miscellaneous land 1,810, which is divided from Bocheon-si I among this, and hereinafter the same shall apply) to creditors M as security for the Defendants’ personal obligations in the Hongsung-gun Daejeon District District Court of Hongsung-gun, Hongsung-gun, Hongsung-gun.

2. On August 28, 2008, the Defendants granted the creditor P a right to collateral a maximum debt amount of KRW 1.5 billion with respect to H site as security for the Defendants’ personal debt in the Hongsung-dong Daejeon District Court of Hongsung-gun, Hongsung-gun, Hongsung-gun on the security of the Defendants’ personal debt.

As a result, the Defendants conspired to obtain a large amount of property benefits and suffered a loss equivalent to the same amount from the victim H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each prosecutor's statement concerning G;

1. Each prosecutor's protocol of statement of M and P;

1. A certified copy, closed copy, or certified copy of the real estate registry (including a joint collateral list);

1. Application of Acts and subordinate statutes to certificates of all matters to be registered;