However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On October 20, 2016, the Defendant: (a) purchased one of the Category C mining search devices at a non-place not more than B, Chungcheongnam-gun; (b) agreed to obtain a loan of KRW 60,000,000 from the victim D Co., Ltd.; and (c) repay the said loan in 1,547,819 won each month during 48 months; and (d) set up a collateral security right with the victim as a collateral holder, and with the claim value of KRW 42,00,000 for the above digging devices.

Nevertheless, from that point to June 2017, the Defendant paid a total of eight installments to the victim, and did not pay the remainder of the installments, which is the object of the victim’s right to collateral security, and thus, obstructed the victim’s exercise of rights by concealing the location of the victim’s crypator, as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. 고소장, 여신거래약정서, 상환 스케쥴, 기한이익상실(계약해지) 예정통보서, 건설기계 등록원부, -청주지방법원 충주지원 임의경매 결정문, 건설기계 인도집행 불능조서, 대출 후 입금현황

1. Application of Acts and subordinate statutes of E;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, details of the crime, the amount of damage, the creation of a mortgage on the purchase of soft period for the purpose of using only the loan from the beginning, the fact that the efforts can be seen to recover damage, the record of the crime, circumstances after the crime, and other conditions of sentencing shall be considered.