A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Basic Facts] C Co., Ltd., a corporation, which was engaged in “Criart condominium condominium creation project” in Da and 13 lots, concluded a real estate security trust agreement with the purpose of securing the above development project by borrowing KRW 2,400,000,000 from Dae-gu Mutual Savings Bank around October 21, 2005, Dae-gu Co., Ltd. as priority profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making corporation, and the real estate trust (Daol Real Estate Trust Co., Ltd.) completed the registration of transfer of ownership of the above D and 13 lots pursuant to the real estate security trust agreement on the same day

C Co., Ltd. selected E Co., Ltd. as a contractor for the above development project, but it failed to pay an amount equivalent to KRW 1,700,000 due to the shortage of business funds, and upon which E Co., Ltd. established the F Co., Ltd. and agreed to receive KRW 2,400,000,000 from C the above D Co., Ltd. and KRW 13 P Co., Ltd. with the condition that F Co., Ltd. will take over the debt amount of KRW 2,40,00,000 to Dae Young Mutual Savings Bank Co., Ltd. for the above development project.

On January 30, 2007, C terminated the real estate trust agreement and the above real estate trust agreement. On the same day, F Co., Ltd. entered into a real estate trust agreement with Dae Young mutual savings bank, setting the Dae Young mutual savings bank as the priority beneficiary and setting forth the above D and 13 lots of real estate trust to the real estate trust. D and 13 lots of real estate trust in accordance with the real estate trust agreement, D and 13 lots of real estate as of the same day.

According to Article 7 of the special terms and conditions of the above real estate security trust contract, "F Co., Ltd. constructs a building during the period of trust on the trust property under the trust contract.