On October 29, 2013, the Defendant: (a) as security for KRW 65 million borrowed from the Victim C for work price, etc. for E Council members; (b) as security for the transfer of facilities listed in the attached transfer security list, such as astronomical air conditioners, washing machines, and air conditioners installed at the place; and (c) as security for the transfer of the facilities to the victim; and (d) as a person registered in the name of E Council members, the Defendant issued the certification of the Defendant’s seal impression and power of attorney to the

Accordingly, on the same day, a notary public located in G as the victim had already agreed at the law firm H, and as the debtor F, prepared a certificate of the fairness of the transfer-backed lending and borrowing contract with the effect that the above facility will be transferred to the victim and provided as collateral to the victim. As such, the defendant had the duty to faithfully keep the above facility and maintain its collateral value until the claim and debt relationship with the victim are determined.

Nevertheless, on November 2013, the Defendant violated such duties and transferred a astronomical Air-conditioner among the above facilities to I for the building owner at KRW 5 million.

As a result, the defendant acquired property benefits equivalent to the amount, and suffered damages equivalent to the same amount as the victim.

2. Determination

A. As to the facts charged in the instant case, the Defendant not only contests the amount of debt to C, but also contests to the effect that there is no transfer of the facilities listed in the attached transfer security list (hereinafter “facilities of this case”) as security for repayment of such debt or any delegation of the preparation of a fair deed to C.

However, as evidence corresponding to the facts charged in this case is proved by C from the police to this court and its commission.