Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date when this judgment has become final and conclusive.

Punishment of the crime

1. Defendant A and Defendant B’s joint criminal conduct - The fraud Defendant A is a person who operates a factory with the trade name “E” in Kimhae-si, and Defendant B is a person who sells machinery with the trade name “F”.

Defendant

A around January 201, around 201, purchased from Defendant B one CNC Line (2003 model, market price of 2003, market price of 20 million won) and one machine learning center (50 million won at market price) at KRW 70 million.

Since then, around July 2011, Defendant A intended to purchase one unit of CNC Line (1987 formula, market price of 20 million won) from Defendant B, but the purchase fund was insufficient. Defendant B offered that Defendant B would receive a lease loan with the same amount as that of a machine purchased at around January 201, 201, and that Defendant B would pay for the above CNC Line 1 (1987 formula) with the same amount as that of a machine purchased at around July 201 (the so-called “public lease”). Defendant B consented thereto.

On July 201, the Defendants applied for a lease loan to the said CNC Line 1 (2003 formula, market price 20 million won) and to the said CNC Line 20 million won, and around July 201, the victim company remitted KRW 56 million to the Defendant B.

As a result, the Defendants conspired to commit the victim company and acquired 56 million won by fraud.

2. Defendant A

A. As described in paragraph (1) above, the Defendant provided one of the above CNC Line Group (2003 formula, market price 20 million won) from the victim's filial capital and one of the SfC Line Center as security to secure the payment of lease loans at the same time. In addition, the Defendant provided one of the above CNC Line Group (1987 formula) as security for transfer to the victim's filial capital.

On November 2012, the Defendant, while keeping one unit of the above CNC Line (2003, market price 20 million won) and one unit of the machine learning center, concealed the two units of the said machine to H “H” located in Kimhae-si, where the Defendant newly established, and embezzled it.

B. Breach of trust.