Defendants are innocent.

1. On November 24, 2014, Defendant A filed a lawsuit against Defendant A on November 24, 2016, when the victim was unable to repay KRW 424,173,979, among which he/she borrowed KRW 445,00,000 from Victim F to March 16, 2017, he/she had registered as D’s business operator in the name of his/her own son and operated the main factory owned by D Co., Ltd. (hereinafter “instant factory”). On April 3, 2015, Defendant A conspired with Defendant B to register as if he/she transferred all of the above D’s business rights to Defendant B in the name of Defendant B.

On April 26, 2017, the Defendants registered the business operator D in the name of the Defendant B with respect to the said rice production factory in the Seosan-si, Seosan-si. The Defendants changed the Defendant B’s account to the business operator’s account, thereby making it unclear the ownership relationship of the Defendant A’s property, such as corporeal movables in the said rice production plant and sales claims.

Accordingly, the Defendants conspired to conceal property for the purpose of avoiding compulsory execution.

2. Determination

A. According to the records of this case, on November 24, 2014, Defendant A made a business registration under the name of “D” and operated the instant factory under the name of “D”. On May 23, 2017, Defendant A made a decision to recommend settlement that the victim pay damages for delay of KRW 424,173,979 and KRW 411,536,067 among them, and Defendant A completed the business registration of the instant factory under the name of Defendant B on April 26, 2017.

B. However, the evidence submitted by the prosecutor alone is difficult to deem that there is no reasonable doubt that the Defendants conspired to transfer the whole business rights of “D” in collusion with others.

(b)the provisions of Article 327 of the Criminal Act;