A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant was the owner of D Building (hereinafter “instant building”) with the second underground and fifth underground floors located in Songpa-gu Seoul and one parcel (hereinafter collectively referred to as “instant site”).

Around May 16, 2005, the Defendant entered into a lease agreement with the victim E on the part of the second floor of the instant building (the name of the lessee to G) with the lessee as the lessee, the deposit amount of KRW 250,000,000,000 per month rent of KRW 4,100,000,000,000, which was operated by the victim, and then renewed the contract in sequential order. On January 11, 2006, the Defendant renewed the lease agreement by setting the deposit amount of KRW 50,000,000 without monthly rent, and made a registration of chonsegwon, which was designated as G, to secure the deposit, around January 18, 2006.

In addition, on June 20, 2007, the Defendant entered into a lease agreement with the victim on the third floor of the instant building by providing the H Co., Ltd. operated by the victim as lessee, deposit 180 million won, monthly rent 4.8 million won.

In the early February 2008, the Defendant, at the office of the victim located in the instant building on February 2, 2008, obtained a loan equivalent to KRW 4 billion from the new mutual savings bank because it is anticipated to operate the company with a debt equivalent to KRW 3.5 billion and repaid the loan. In order to cancel the registration of the establishment of chonsegwon, it is difficult to grant a loan because the registration of the establishment of chonsegwon is established. In order to establish a security trust on the instant building, dispose of the said debt with the loan of the new mutual savings bank, and then settle the said debt with the loan of the new mutual savings bank, KRW 30 million out of KRW 50 million shall be paid with the remaining loan, and the remaining amount of KRW 20 million and KRW 180,000 of the previous lease deposit of the third floor of the instant building will be recovered by providing a certificate of beneficial interest equivalent to KRW 380,000,000."