(a) No defendant A factory owner or mining right owner shall transfer movable property constituting a factory foundation or mining foundation which has become the object of a mortgage pursuant to this Act, or deliver movable property to a third party for the purpose of establishing a pledge right;

Nevertheless, on October 25, 2016, the Defendant established a secured mortgage of KRW 200,000,000,000,000,000 to G Co., Ltd., which is located in Cheongju District Court’s voice registry office in Cheongju District Office in 55, a light-ro of the voice-Eup, Chungcheongbuk-gun, by receiving KRW 123,00,00,00,00 from Cheongju District Court for the term of imprisonment of pressure-proof ( model name SJ-VAP, S/N: 151318) and Tmining presses ( model name: SJ-T, S/N: 151319) as the representative of D’s D’s, while it established a secured mortgage of KRW 20,000,000,000,000,000,000,000 won.

B. A, who is the representative director of the defendant B's defendant, violated the Factory and Mining Foundation Mortgage Act by transferring the object of factory mortgage as mentioned in the above paragraph 1.

2. In full view of the following facts and circumstances acknowledged by the evidence adopted and investigated by the court, the facts charged in the instant case constitute a crime or the evidence submitted by the prosecutor alone is proven.

It is difficult to see it.

① The provisions of Article 60(1) of the Factory and Mining Foundation Mortgage Act (hereinafter “factory Mortgage Act”) shall be punished in cases where the owner of a factory delivers to a third party movables constituting a factory foundation under the provisions of the Factory Mortgage Act (Articles 10 through 13) for the purpose of transferring the movables constituting a factory foundation or establishing a pledge, and shall not be applied in cases where the movables constituting a mortgage is disposed of under Article 6 of the Factory Mortgage Act (see Supreme Court Decision 72Do1090, May 31, 1972). In other words, even if movables which were the object of mortgage pursuant to Article 6 of the Factory Mortgage Act, a factory foundation is established pursuant to Article 10 of the Factory Mortgage Act.