The defendant was engaged in the manufacturing industry of industrial machinery, such as cutting steel plates with the trade name "D" in Kimhae-si, Kimhae-si.

In fact, around December 7, 2012, the Defendant offered as security (as of January 31, 2013 when due date) one unit of rash M/C, and model name, L3030 and E) to F Co., Ltd. (the representative G), a trading partner, for the purpose of securing obligations equivalent to KRW 200,000,000. On or around October 17, 2012 and December 10, 2014, the Defendant created a collateral security right on apartment and factory sites, etc. owned by the Defendant, and had no capacity to transfer the ownership of the said machinery to the victim by concluding the said contract with the Korean victim capital (the above owner G) around March 2015.

Nevertheless, on March 2, 2015, the Defendant: (a) by deceiving an employee in charge of the victim’s management of the victim that there was no such transfer security; (b) by deceiving the victim that there was no such transfer security; and (c) transferred the remainder of KRW 140,00,00,000 to the foreign exchange bank account in the Defendant’s name and the bank account of D’s name after deducting the amount of KRW 200,000,000, monthly lease fee of KRW 4,475,000, and the lease period of KRW 36 months; and (c) concluded a lease contract with the victim on condition that it would transfer the ownership of the said cuter to the victim; and (d) transferred the remainder of KRW 140,00,000 after deducting the amount of KRW 60,00,000 from the amount of KRW 36 months.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of the Acts and subordinate statutes on complaint, contract for facility leasing, and copy of process deed;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s grounds for sentencing (the scope of recommending punishment) for criminal facts [the scope of recommending punishment] and the basic area (one to four years) (one year and four years) for the type (at least KRW 100,000, but less than KRW 500,000) of the Criminal Act.