A defendant shall be punished by imprisonment for six 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

The Defendant is a person who has been engaged in rubber strawing manufacturing business with the trade name “E” in Kimhae-si D.

On November 30, 2012, the Defendant received a loan of KRW 69 million from the upper south-dong branch of the Gyeongnam Bank, and concluded a contract to establish a security agreement with the victim bank and provided the above machinery as security. The Defendant concluded a security agreement with the victim bank on two presses (the model name 400TN PRES 1, the model name 800TN PRES 1, the model name 800TN HRES 1, and the model name 800HRES 1).

On September 2014, the Defendant concealed the said machinery, which became the object of the rights of the victim bank, by transferring the said machinery to F, a creditor of the Defendant, as payment in kind, in the early 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Contract to establish a collateral security right, full certificate of the matters registered as a collateral security, and application of Acts and subordinate statutes of a credit transaction agreement;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 323 (Options of Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the Defendant’s mistake; the Defendant’s primary offender who has no criminal history; the victim’s balance was approximately KRW 38 million at the time of filing a complaint against the Defendant on May 2015; the Defendant deposited KRW 10 million for the victim; and the Defendant’s suspended sentence of imprisonment by taking into account the circumstances of the instant crime, etc.; however, a community service order is imposed in consideration of the amount for which damage recovery has not been performed.