Defendant

A shall be punished by imprisonment for six months, by a fine of 1,00,000 won.

Defendant

B does not pay the above fine.

Criminal facts

Defendant

A is a person who has been engaged in the scrap metal sales business in the name of Kimhae-si E, and Defendant B is a person registered as a representative in the name of the above F and served as a director of the above company.

On May 22, 2013, the Defendants: (a) assumed the Defendant’s liability of KRW 390 million to the victim G, and (b) concluded a security agreement on the transfer of ownership of the said six machines to the victim for the purpose of securing the said obligation; (c) concluded the said security agreement on the transfer of ownership of the said six machines to the victim for the purpose of securing the said obligation; and (d) there was a duty to keep the said six machines with due care as a good manager until the said obligation is repaid.

1. The Defendants conspired with the Defendants on July 5, 2013, transferred the said metal machine No. 1 in the said F office to a mutual business entity of H, under the pretext of a payment in kind for the goods price liability of five million won, thereby obtaining property gains equivalent to five million won and causing property damage equivalent to the said amount to the victims.

2. The sole criminal conduct of Defendant A;

A. On July 2013, the Defendant transferred one of the above heading equipment to the F office as a substitute payment for the indemnity liability of nine million won, and acquired the pecuniary benefits equivalent to nine million won and sustained the victim’s pecuniary damages equivalent to the same amount.

B. On March 2014, the Defendant: (a) received a total of KRW 15 million for the said metal machine 3 units; and (b) sold arbitrarily to the scrap metal business entity I; and (c) obtained property benefits equivalent to KRW 15 million; and (d) suffered property damage equivalent to the said amount from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A complaint;

1. A notarized letter, written consent to assignment of claims and written contract for transfer and takeover of claims;

1. Photographs;