All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the facts charged in the instant case is the representative director of the F Co., Ltd. F (hereinafter “F”) located in Daegu Seo-gu, and the Defendant B is the management director of the said company.

Defendant

B under the delegation of all the authority on the conclusion of contracts and the enforcement of funds by Defendant A, with H, one’s her her vegetator who operates an enterprise selling the scrap metal trade in the name of “G,” and concluded a business agreement (hereinafter “instant agreement”) with L Co., Ltd., Ltd., the victim of I (hereinafter “J”), to purchase all of the machinery and accessory equipment inside the Agsan Factory (hereinafter “L”) and sell the machinery and accessory equipment after removing them (hereinafter “Agsan Factory Sales Contract”), to distribute profits equivalent to the difference by selling them (hereinafter “the instant business”).

At the time of the above agreement, the sales contract for an Asan Factory is concluded in F’s name. At the time of the above agreement, the J, out of total 3.63 billion won of the purchase price for the said Asan Factory, 2.51 billion won of the purchase price for the said Asan Factory, as well as to take charge of the sale of three alkinium pressureers in the said factory (hereinafter “the instant pressurer”). F and H agreed to receive advance payment from the purchaser of the said scrap metal in advance to raise the remainder of 1.11 billion won of the purchase price, and to take charge of the remainder of the machinery and scrap metal other than the removal work and the instant pressurer sales.

In addition, as above, the remaining profits from the sale of machinery and scrap metal are divided into 50% by F and H and 50% by J.

Pursuant to the above agreement, M and Defendant B, the agent of the above I, entered into a sales contract for Asan Factory, and paid the purchase price of KRW 3.63 billion by the above methods, and thereafter, the sales of the instant pressurer M was delayed but the sales of the instant pressurer was delayed, Defendant A all of the instant pressureers from October 22, 2010 to December 2, 2010.