The defendant shall be innocent.

1. On November 26, 2015, the summary of the facts charged was sentenced by the Daegu District Court to 8 months of imprisonment for fraud, etc. and 2 years of suspended execution, and the said judgment became final and conclusive on December 4, 2015, and is currently under suspended execution.

The defendant is a person operating D Co., Ltd. in Daegu Seo-gu C.

On January 2, 2015, the Defendant completed the registration of the establishment of a collateral security right with the maximum claim amounting to KRW 1.2 billion and Daegu Bank Co., Ltd. under Article 6 of the Act on Mortgage on Factory and Mining Foundation, where the Defendant received a loan of KRW 1 billion, by providing the machinery and appliances (printed machine, set pampling/C, market price: KRW 273,034,000) under the Act on Mortgage on Factory and Mining Foundation, located in Seo-gu, Daegu-gu, Daegu-gu, Seoul-gu (ownership of 540.1/4769), E-building 15 square meters, 336.9 square meters, 2nd floor factories, and 336.9 square meters, and 2nd floor factories and Mining Foundation.

Therefore, the Defendant transferred the above printed machines (off prping/C) comprising a factory foundation, which is the object of a mortgage, to F with the aim of escaping from the liability of KRW 130 million to F, despite the Defendant’s transfer of movable property constituting a factory foundation, which is the object of a mortgage under the Factory and Mining Foundation Mortgage Act.

2. Determination

A. According to the evidence duly admitted and investigated by this court, the following facts are acknowledged.

① On May 23, 2014, the Defendant, a printing company, borrowed KRW 130 million from the F for the name of a printing machine (in operating H as a partnership business, prping M/C, hereinafter “the printing machine of this case”) and factory purchase cost.

② On October 17, 2014, the Defendant and G have the creditor as to the instant printing machine G and the debtor as G. The Defendant and G acknowledged the fact that “the debtor bears the obligation of KRW 70,000,000 from the credit on May 23, 2014, and the said obligation is repaid until October 23, 2014, and the printing machine of this case is to secure the performance of the said obligation.