A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 25, 2011, the Defendant was sentenced to imprisonment of 8 months with prison labor at the Seoul Central District Court for fraud, and on June 12, 2012, the said judgment became final and conclusive.

"2014 Highest 847"

1. The defendant is the representative director of E Co., Ltd.

On July 30, 2010, the Defendant entered into an international trust trust trust agreement with the International Trust Co., Ltd. and the trustee as an International Trust Co., Ltd. on the instant building. According to the said real estate security trust agreement, the truster is prohibited from performing any act of leasing, etc. the instant building without the prior consent of the trustee and priority beneficiary during the trust period. Under the said real estate security trust agreement, the Defendant completed the registration of transfer of ownership on the instant building to the International Trust Co., Ltd. on July 30, 2010.

On November 26, 2010, the Defendant entered into an agreement with the victim H on a lease agreement with the content that he/she leases the first floor No. 93 of the instant building with the lease deposit of KRW 100 million, the lease deposit of KRW 36 months from December 25, 2010, and monthly rent of KRW 1 million to the G office located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul Metropolitan Government. On November 26, 201, the Defendant entered into an agreement with the victim to receive KRW 75 million of the instant building.

However, at the time of fact, the Defendant entered into a real estate security trust agreement with the trustee and the first beneficiary with respect to the instant building, which provides that the Defendant shall not lease without the prior consent of the trustee and the first beneficiary, and the Defendant shall deposit the fact that he completed the registration of ownership transfer on the instant building with an international trust trust company in accordance with the said real estate security trust agreement with the victim, and shall bear the Defendant’s obligations of loans to the 11 savings bank, including Korea mutual savings banks, Gyeonggi mutual savings banks, etc. in an amount of KRW 5 billion, and the amount of delinquent taxes in excess of KRW 1 billion, and the amount of loans