The defendant is innocent. The summary of this judgment shall be notified publicly.

On February 15, 2017, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for a violation of the Labor Standards Act in the Jinwon District Court's Jinju branch on February 15, 201, and the said judgment was finalized on the 23th of the same month.

[2] On April 1, 2015, the Defendant leased the victim C (the actual representative D) factory, etc. located in Scheon-si, E, which is owned by the said victim and operated the “F” as a part of the automobile parts manufacturing business, but, due to the pressure of funds due to the relocation of the factory and delayed shipment of products, etc., the Defendant was unable to pay wages to workers from October of the same year, and the victim did not pay rents, various public charges, etc. to the victim.

Accordingly, on December 5, 2015, the Defendant drafted a transfer agreement to transfer to the victim the machinery, apparatus, tools, materials, products, etc. owned by the Defendant in the factory of the operation of the Defendant instead of receiving a debt such as the factory rent, etc., which was unpaid from the injured party at the H hotel shop in Changwon-si, G. The Defendant drafted to the said D a transfer agreement.

However, in fact, the Defendant entered into a security agreement with the Industrial Bank of Korea on October 29, 2012 for 14 items among the machinery and appliances owned by the Defendant in the factory, and concluded a security agreement with the Industrial Bank of Korea on October 29, 2012 for other machinery and products, etc., and thus, the Defendant was exempted from the Defendant’s liability without speaking to the victim even though he was unable to transfer the machinery, apparatus, etc. owned by the Defendant to the victim.

The Defendant, by deceiving the victim as such, obtained monetary benefits equivalent to the same amount of money by exempting the victim from the obligation to pay rent and public charges to the victim.

Maz.

1. In fraud, “property interest” is passive not only such as acquisition of claims or provision of security, but also such active interests as exemption from obligations.