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

On May 15, 2012, the Defendant borrowed 120 million won from Korean Capital Capital Co., Ltd., Ltd. on the condition that 48 months change, and made a mortgage on the above construction machinery to the victim in order to offer the above construction machinery as security, in order to offer the above construction machinery to the victim as security under the condition that 120 million won was changed.

Nevertheless, since August 2013, the Defendant did not pay the principal and interest of the construction machinery at all, and from around August 2015, the Defendant refused the victim’s demand for return of the construction machinery in such a manner as not notifying the victim’s employees of the location despite having been contacted with the victim’s notification of the location of the construction machinery, and obstructed the victim’s exercise of rights by concealing the construction machinery that became the object of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing discretionary auction decisions, such as a written complaint, C’s statement, loan agreement, etc., the register of construction machinery registration, copies, and D’s joint auction decisions;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the scope of the punishment [the scope of the punishment] and the area where the punishment is not suspended (including any effort made to recover damage];

2. The actual amount of damage caused by the instant crime is more than 10 million won, etc. due to the determination of sentence, considering the favorable circumstances, such as the fact that the victim agreed smoothly with the victim, respectively.

In addition, all the sentencing factors indicated in the records and arguments of this case, such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.