All the judgment below against the Defendants is reversed.

The Defendants are not guilty. The Defendants are not guilty.

1. The summary of the facts charged is a person engaged in on-site management and sale in the Gangnam-gu Seoul Metropolitan H H Co., Ltd. I (hereinafter “I”), and Defendant B is a person engaged in overall management and management of the company as the chairperson of I.

On November 3, 2006, the Defendants concluded a real estate security trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) (hereinafter “Korea Land Trust”) to newly construct K composed of commercial buildings and officetels (hereinafter “the instant aggregate building”) on the land level of JJ large 620 square meters (hereinafter “the instant site”). Around November 3, 2006, the Defendants borrowed an amount equivalent to KRW 2.8 billion from the Samcheon Savings Bank (hereinafter “Korea Land Trust”) and entered into a real estate trust agreement with the content that the instant aggregate building under construction of the instant site and new construction as collateral.

The Defendants, even if the instant aggregate building is completed due to the said real estate security trust agreement, shall trust the instant aggregate building to land trust, and there was no intention or ability to transfer ownership without any restriction on security rights to the said officetel.

Defendant

B (1) On July 13, 2007, Defendant B offered as security the instant aggregate building No. 104 and commercial building sales contract No. 105, as if it had value of collateral without notifying P of the conclusion of the instant real estate security trust contract to P, the representative director of P, a corporation, through Q, the I vice president, at the office at the construction site of the instant aggregate building, as well as through Q, and acquired the same amount of pecuniary benefits by allowing the said victim to carry out the construction of reinforced concrete building worth KRW 77,920,000 for the construction cost.

(2) On July 18, 2007, Defendant B did not notify the victim S, who is the actual operator of R at the I office, of the conclusion of the said real estate trust agreement.