Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Punishment of the crime

1. The owner of the factory or the mining right holder of the defendant A shall not transfer the movable property constituting the factory foundation or mining foundation which has become the object of the mortgage in accordance with the Factory and Mining Foundation Mortgage Act, or deliver it to a third party for the purpose of establishing the pledge right.

The Defendant, as the representative director of B (hereinafter referred to as “B”) on August 8, 201, set up a mortgage on D’s factory site and buildings on the land owned by B, Gyeongnam-gun, Gyeongnam-gun, with the maximum debt amount of KRW 528 million, as a mortgagee, and on September 27, 2011, on or around September 27, 2011, set up a total of 11 CNC LAHE machinery established in the above factory (the model name, KS450, KST-20B, 38,9130,00 won in total, hereinafter referred to as “the machinery of this case”). As such, the Defendant added the machinery of this case to a factory foundation that constitutes a movable property that constitutes the object of the said mortgage, the Defendant’s duties shall not be carried out voluntarily, and shall not be carried out separately from the factory until the debt is repaid.

Nevertheless, around November 30, 2014, the Defendant entered into a sales contract for the instant machinery with G that actually operates F from the window E of Changwon-si, and received KRW 100 million (excluding value-added tax) from G on the same day and transferred the instant machinery to G.

2. At the time and place specified in paragraph (1), Defendant B, the representative of the Defendant, committed the above violation in relation to the Defendant’s duties.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of H prepared by the police;

1. A credit transaction agreement, a written appraisal and a registration certificate, and a mortgage contract;

1. Data submitted by a suspect (a sales contract, a detailed statement of account transactions, a disbursement resolution, etc.);

1. Investigation report (for attachment of all registered matters or all certificates);

1. Application of Acts and subordinate statutes for investigation reports (a certified copy of the register of factory buildings and the list of machinery);

1. Relevant provisions concerning facts constituting an offense;