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

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

Punishment of the crime

[2014 Highest 1876] On March 18, 2011, the Defendant, at the office of the victim Yangyang Life Insurance Co., Ltd. located in the first floor of the 168 Mandong Building, Gangnam-gu Seoul, Seoul, entered into a loan agreement with the said victim for the purchase of B 15 tons of a dump truck with the said victim, and established a mortgage on the said dump truck as a mortgagee on March 30, 201.

Nevertheless, on January 2013, the Defendant: (a) delivered the dump truck to the Defendant’s creditor C for payment in kind; and (b) caused the victim to be unable to perform compulsory execution based on the decision of the Suwon District Court on May 2, 2014 to issue an order to deliver D Construction Machinery, which was issued by the Suwon District Court.

Accordingly, the defendant interfered with the victim's exercise of rights.

[2015 Highest 594] Around May 16, 2011, the Defendant entered into a contract for a loan of the above amount of 55WAS amounting to KRW 50,80,000 with the victim F and F, and around May 27, 201, the Defendant established a right to collateral security on the above so-called so-called so-called so-called “F” office located in Pyeongtaek-si in Gyeonggi-do.

Nevertheless, around May 2013, the Defendant provided the above soft machine as security for transfer to the “I Company,” which is a creditor of the Defendant in Ansan-si in Gyeonggi-do, as a creditor of the Defendant, and handed over the above soft machine.

Accordingly, the defendant interfered with the victim's exercise of rights.

Summary of Evidence

[2014 Highest 1876]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to J police officers;

1. Construction machinery register;

1. A protocol of non-delivery of motor vehicle (2015 highest 594);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of K;

1. Application of Acts and subordinate statutes of construction machinery register;

1. Criminal facts;