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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 29, 2011, the Defendant entered into an installment financing agreement with the victim second Capital Co., Ltd., and took out a loan of KRW 149 million from the victim in equal repayment of principal and interest, purchased B digging machines on August 29, 2011, and created a mortgage on the above digging machines while completing the registration of ownership.
However, as the Defendant failed to repay the above loans, the victim tried to deliver the above scambling machine to the construction site located in Chungcheongnam-gun, Chungcheongnam-gun on June 29, 2012 in accordance with the order of voluntary auction, seizure and delivery on May 22, 2012 by the above court concerning the case of the auction of construction machinery C of the Daejeon District Court of Daejeon District. The above Defendant attempted to postpone the execution of delivery and to conceal the above scambling machine offered as security to another place on July 20, 2012, thereby hindering the victim's exercise of rights.
Summary of Evidence
1. Entry of the prosecutorial statement of the defendant;
1. Statement of the police statement regarding E;
1. Application of each statute stated in loan agreement, construction machinery register, details of deposits and arrears, search of auction cases, and copy of decision;
1. Comprehensively taking account of the pertinent legal provisions on criminal facts and the fact that the reason for sentencing under Article 323 (Selection of Imprisonment) of the Criminal Act’s selective sentencing reaches KRW 150 million, and the fact that two years have not passed since the time of the commission of the crime was not repaid, and that the Defendant was in an unknown state, it is inevitable to sentence sentence against the Defendant as it is not good to the nature of the crime.
The punishment shall be determined as per the disposition in comprehensive consideration of all the circumstances shown in pleadings, such as the age, character and conduct, and environment of the defendant.