Defendants are not guilty.

1. Defendant A is the representative director of G Co., Ltd. established for the purpose of trading business in Seocho-gu Seoul Metropolitan Government, and Defendant B is the head of the said company, who was sentenced by the Seoul High Court on May 2, 2013 to imprisonment for two years and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) and the said judgment was finalized on July 2, 2013.

In collusion on July 27, 2012, the Defendants: (a) concluded a false statement to the effect that the Defendants would necessarily pay the price to the victims by August 3, 2012, 2012, on the following grounds: (b) inasmuch as the Defendants did not intend or have the intent to pay the price for the goods at the time, they obtained the supply from the victims of the waste vinyl total amounting to KRW 98,990km, KRW 44,545,50,500, which is equivalent to KRW 98,990, KRW 990, KRW 44,545,50.

2. The Defendants asserted that, although K intended to borrow the cost of a closed vinyl to be reduced from K to the victim, K failed to pay the said cost because it did not bring about money, the Defendants asserted that the Defendants did not pay the said cost to the victim on the grounds that they did not receive the export price of the closed vinyl but did not intend to deceive the victim.

3. The following facts revealed by the record of judgment: (a) the Defendants stated that, in purchasing a waste vinyl from the victim for export to China, the Defendants would not lend money equivalent to the above price to K as a transporter; (b) however, if the Defendants were to make a statement by K, it is difficult to conclude that the Defendants would have caused the delivery of the waste vinyl from the victim without any means of payment at the same time as the delivery of the waste vinyl was made; and (c) K would not be good for Defendant B on the ground that it delivered the above waste vinyl to a Chinese company without receiving the price, by embezzlement or breach of trust.