The defendant shall disclose the summary of the judgment of innocence against the defendant.

An applicant for compensation shall apply for compensation order.

1. Summary of the facts charged

A. On July 11, 2014, the Defendant, as the representative director of D (hereinafter “D”) who is a sports facility operating business, concluded a contract to provide a total of 140 health equipment, such as a mining machine, kept in the sports center (hereinafter “instant health equipment”) to the victim C corporation of electricity and gas supply, in order to guarantee the payment of electricity charges, etc., while operating the 5th and the 2nd underground floor building (hereinafter “instant building”).

B. As above, the Defendant provided the instant health equipment owned by D as collateral for transfer to the victim. As such, the Defendant had a duty to keep the instant health equipment, the object of which is the object of transfer security, with the fiduciary duty, until repayment of the obligation is made.

On June 6, 2016, the Defendant, at D Office, sold to F 130,00,000 won all of the 140 health appliances offered as security to F as above, when F (hereinafter “F”) subrogated the Defendant’s creditor’s debt to G for smooth operation of the instant building, etc. owned by D to F (hereinafter “F”).

As such, the Defendant, in violation of his duty as the transferor-mortgage, acquired the pecuniary benefits equivalent to 34,94,230 won in arrears by selling the health equipment of this case as the object of transfer-backed security, and caused the victims to incur a property loss equivalent to the same amount.

2. Determination:

A. (i) The burden of proving the facts charged charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so there is no such proof.