A shall be punished by imprisonment with prison labor for eight months, and imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

K is a 160ton press machine, Ma, L, a loan of KRW 250 million from a new bank around October 28, 2014. < Amended by Presidential Decree No. 25079, Oct. 28, 2014>

20t presson machines, large 8 machinery, including 3 machinery, such as large divers, were provided as object of transfer security.

K introduced Defendant A through Defendant B, a creditor, as the price of mechanical sale is insufficient notwithstanding the above loan, and K and Defendants conspired to sell the said three machinery to Defendant A’s victim DGB Capital Co., Ltd., and subsequently, K conspired to acquire the price of mechanical sale from the victim by pretending to use the said machinery through a lease contract with the victim.

According to the above public offering, Defendant A and K entered into a lease agreement with the victim on December 29, 2014, under which the said three machinery was sold at KRW 91,30,000,000,000,000,000 for the purchase price of KRW 91,300,000,000,000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, in fact, since the above machinery had already been provided by K as collateral for transfer to the new bank, there was no intent and ability to enable the victim to acquire ownership of the above machinery, and K and the Defendants did not notify this to the victim.

In collusion, the Defendants and K received the money of KRW 87 million (the purchase price of KRW 91.3 million - the deposit amount of KRW 4.3 million) from the victim, and acquired the money as the purchase price for machinery, from the victim, on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution and the police with regard to K;

1. Statement by the police concerning L;

1. Application of the Acts and subordinate statutes to the written complaint filed by the non-aflick Capital Co., Ltd.;

1. Article 347(1) and Article 340 of the Criminal Act regarding criminal facts, the choice of punishment, and the choice of imprisonment (the Defendants).