Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A is the representative director of F Co., Ltd., which operates E in the Gu of Chang-si, Chang-si, and Defendant B is a person working for the above company as an employee in charge of accounting from August 2010 to February 2015.

1. Defendant A’s sole crime (Fraud) committed by Defendant G, based on the claim of KRW 970 million against F Co., Ltd. with respect to the amount of KRW 170 million against F Co., Ltd., Ltd., the Defendant was unable to rebury E due to the seizure of physical movables worth KRW 42,988,00, including equipment and fixtures in E, in accordance with compulsory execution conducted on March 26, 2014.

On May 21, 2014, the Defendant, at around the Changwon District Court near the Changwon District Court, would give K KRW 50 million and KRW 100 million to K prior to the opening of a new site by preparing a written consent to open a new site to the H representative director I and the J representative K, a transferee of the above claim, and to K prior to the opening of a new site.

In other words, on May 26, 2014, the attachment of tangible property was released by the Changwon District Court on the following grounds: (a) by obtaining a written consent for the opening of a new grave including the details of withdrawal of the collection of various claims against F from I and K in reliance on the truth; and (b) based on the said written consent for the opening of a new grave, the said I and K received the written withdrawal of the application for compulsory execution under the name of the representative director of G, a letter

However, in fact, the defendant had the intention to open E by releasing the seizure of the above remains, but did not have any intention or ability to pay the money that he promised to I and K prior to the opening of the above remains.

As a result, the Defendant, by deceiving I and K, had the victim G cancel the seizure of the movable properties held by the victim G, thereby acquiring the pecuniary benefits equivalent to KRW 42,988,00.

2. On August 1, 2014, the Defendants’ joint criminal acts (e.g., evasion of compulsory execution) indicated as “2014 and 8046 official indictment” in the Changwon District Court’s 2014. However, this is obvious that it is a clerical error in the “2014 and 8046,” and even if it is corrected without any amendment to the indictment, it is not likely that the Defendants’ exercise of their right to defense would be practically hindered. Accordingly, this is ex officio.