On August 21, 2013, when entering into a lease agreement with respect to the above apartment, the Defendants agreed to provide the lease deposit amount of KRW 210,000,000, and the term of lease from February 28, 2013 to April 15, 2014. Of the lease deposit, the Defendants agreed that KRW 148,00,000, out of the lease deposit amount, Defendant B received a loan from the Victim M&C Co., Ltd. (hereinafter “victim”) to pay the Defendant A with the lease deposit.

Defendant

B filed an application for a loan of KRW 148,00,00 with respect to the damaged company on August 22, 2013. On August 23, 2013, the victimized company set up a pledge on the claim for the refund of the lease deposit held by Defendant B against Defendant A to secure the recovery of claims on August 23, 2013, and notified Defendant A of this on August 28, 2013.

Defendant

A was granted 147,895,000 won (excluding loan fees) from a victimized company on August 30, 2013.

Defendant

A shall return the said money directly to the victimized Company when the lease contract is terminated according to the validity of the said pledge, and shall not pay the said money to the Defendant B without the consent of the victimized Company. Defendant B, as a pledger, had a duty not to extinguish the right without the consent of the victimized Company or not to make any change detrimental to the interests of the pledgee.

Since the Defendants terminated the above lease agreement around March 2014, Defendant A was required to directly return the above loan to the damaged company, Defendant B requested Defendant A to pay the above loan to himself on the ground that the business fund or the personal life requires money. Defendant A did not obtain the consent of the victimized company, and Defendant A transferred the above loan KRW 147,895,000 on four occasions from April 2, 2014 to April 17, 2014 to Defendant B’s account.