A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On July 7, 2014, the Defendant purchased B digging machines at the office of Hannam-dong, Yongsan-gu, Seoul, and borrowed KRW 58,500,000 from the victim Avia Capital Co., Ltd., and created a mortgage on the claim value of KRW 58,50,000,000 as the mortgagee against the above digging machines as security for the above obligation.

However, on November 21, 2014, the Defendant borrowed KRW 7 million from C to transfer the above sofaging machine as security, and at present, the whereabouts of the sofaging machine cannot be known.

As above, the Defendant concealed the location of the Defendant-owned so that it can not be confirmed, which was the subject of the victim’s rights, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. The agreement on application for non-financial services to be made;

1. A written confirmation of loss of a collateral security agreement;

1. The whole credit lines;

1. Application of Acts and subordinate statutes of the Construction Machinery Register;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] there is no person [the person who has been subject to special sentencing] [the sentence] [the person who has been sentenced] [the person who has been sentenced to imprisonment for six months or one year] [the person who has been subject to special sentencing] 8 months], the defendant for two years in the suspended sentence, delivered the victim a mortgage and concealed it to another person, thereby hindering the execution of the mortgage by obstructing the victim, and the victim's loss continues to be increased due to the victim's failure to compensate for the damage. Considering this, the defendant's nature and circumstances cannot be deemed to be less that of the defendant's crime, and the person who has been punished by violence several times

However, there are various conditions for sentencing as shown in the records and arguments, such as the confession and reflect of the instant crime, the Defendant’s age, sexual conduct, the background and motive leading to the instant crime, the amount of damage, and the circumstances before and after the instant crime.