Defendants shall be punished by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant A shall be for one year.

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd. and the defendant B are directors of D Co., Ltd. who actually operate the above company.

On July 22, 2008, the Defendants took out a loan of KRW 220 million from the headquarters of the Seoul Special Metropolitan City Mayor, the Seoul Special Metropolitan City Mayor, to support a start-up enterprise, and established a collateral security right equivalent to KRW 264 million of the maximum debt amount in the victim’s future against the Gohap-gun land, F land for factories, F land for factories, F-ground buildings and half-Automatic Thompson, 1 unit, Husch Rexroth printing machine, and 1 unit for automatic joint venture. Thus, the Defendants had a duty to keep the machinery and tools provided as a factory mortgage for the purpose of collateral until the repayment of the above loan obligation.

Nevertheless, around March 16, 2011, the Defendants arbitrarily sold one of the above-mentioned printing machine to G in the above factory at KRW 70 million.

As a result, the Defendants conspired to obtain property benefits equivalent to KRW 70 million in the above printing machine purchase price, and caused the damages equivalent to the same amount to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning H;

1. Application of a loan agreement, a collateral security contract, a document establishing a mortgage, a detailed list of appraisal and assessment of machinery and tools, a written request for termination of mortgage, a mechanical sales contract, an appraisal contract, a certified copy of real estate register, documents related to factory mortgage, and approval of sale of rectangular facilities;

1. Articles 355 (2) and (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Code (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2009).