Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. In fact, the Defendant: (a) transferred B Co., Ltd., operated by the Defendant, from Sinpo City to Sinpo City E; and (b) leased the existing Sinpo Factory, and (c) transferred to Sinpo City, as well as one compressor factory (hereinafter “instant machinery”); and (d) there was no intention to conceal the Defendant.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, and forty hours of community service) is too unreasonable.

2. Determination

A. (1) Determination as to the assertion of mistake of fact (1) The term “coverage” of the crime of obstructing the exercise of rights is either impossible or considerably difficult to detect the location of an article, and there is no need to establish a crime if there is a concern that the exercise of rights is likely to be obstructed, and the exercise of rights is not interfered with in reality.

In addition, the intention of the above crime is sufficient if there is a perception that it interferes with the exercise of another person's rights by taking, concealing, or destroying his own property which is the object of possession or right of another person.

(2) Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant recognized that the Defendant’s act of transfer of the Defendant at least didlusium could seriously impede the victim’s exercise of the right to collateral security by finding out the location of the instant machinery difficult.

As such, the defendant's above assertion is without merit.

① On April 18, 2011, the Defendant obtained a loan from the Bank of Korea of the Victim, and set up a collateral security right pursuant to the Factory and Mining Foundation Mortgage Act with respect to the instant machinery, waterside equipment, etc. installed in the instant building, which is the site of the Defendant’s factory, for the Defendant’s factory.

In the agreement for the establishment of the right to collateral security signed and sealed by the defendant at the time, it would hinder the preservation of the creditor's claim by destroying or damaging the collateral security.