A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From September 26, 2005, the Defendant, who was the representative director of the Company C (hereinafter “D”) from around September 26, 2005, took overall charge of the construction and sale of the Company E-ground buildings (hereinafter “F buildings”) in Ansan-si, Nowon-gu, the Defendant, who was the representative director of the Company C (hereinafter “D”) and was in charge of the management and execution of the funds of the Company.

In early 2009, the Defendant sold the F Building 2 to G, etc. who is in charge of the sale of the F Building for the purpose of operating the hospital, and the Defendant: “The lessee of the F Building 119 and 120 store may have an exclusive business right in the pharmacy in the building.” Accordingly, G and H said, at the D sales office located in the Dong-gu Seoul Metropolitan Government, Ansan-si on April 13, 2009, the victim I said that “The F Building 2 was sold to the hospital for the purpose of operating the hospital and the nine hospitals will have the exclusive business rights in the pharmacy in the building and the preferential sales rights in the future.”

However, around February 19, 2009, stores Nos. 119 and 120 of the first floor (hereinafter “instant store”) concluded a contract for sale in lots and had already been registered as buyers in the land trust of Korea Corporation (hereinafter “Korea Land Trust”), a trustee of F building, and entered into a contract for sale in lots with K on December 11, 2008 between KK and K on December 11, 2008 at the exclusive business rights of the pharmacy in the building. According to the sale in lots management trust contract (hereinafter “instant trust contract”), the truster cannot establish a right, such as lease, on real estate without prior consent of the trustee, and the lease deposit for real estate should be deposited into an account separately designated and managed by the trustee as it constitutes trust property.