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

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.

Punishment of the crime

[criminal history] On July 3, 2014, the Defendant was sentenced to a suspended sentence of ten months of imprisonment due to a crime of breach of trust, etc. in the Gwangju District Court’s support for promotion of the head of the Gwangju District Court, and the judgment became final and conclusive on July 11, 2014.

[Criminal facts]

1. On May 6, 2011, the Defendant borrowed KRW 20 million from the Victim Hyundai Social Co., Ltd. in Gwangju Mine-gu, and around May 23, 201, the Defendant established a mortgage on the claim amounting to KRW 20 million, the mortgagee, the obligor, and the mortgagee as the Defendant.

On July 2012, the Defendant: (a) disposed of the above soft machine, the object of which was the object of the mortgage of the victim at an influence place; and (b) concealed it in such a way as to make it impossible for the victim to grasp the location of the said digging machine; and (c) obstructed the victim’s exercise of the right.

2. Around January 18, 2012, the Defendant borrowed KRW 35 million from the Defendant’s Hyundai Social Co., Ltd., and around February 6, 2012, the Defendant established a mortgage on the debt amounting to KRW 24.5 million in the E mining season owned by the Defendant, and the mortgagee was the victim, the obligor, and the mortgagee as the Defendant.

On July 2012, the Defendant: (a) disposed of the above soft machine, the object of which was the object of the mortgage of the victim at an influence place; and (b) concealed it in such a way as to make it impossible for the victim to grasp the location of the said digging machine; and (c) obstructed the victim’s exercise of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each collective security agreement and construction machinery ledger Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The judgment of the first head as to the reasons for sentencing Article 62-2 of the Criminal Code of the community service order becomes final and conclusive.