A defendant shall be punished by imprisonment for one year.

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

Criminal facts

[2016 Highest 3501] The Defendant was a person who operated automobile parts business under the trade name of “D” in Kimhae-si C.

On October 18, 201, the Defendant obtained a loan of KRW 600,00,00 from the victim (in the main city) located in the 37 friendly building at the center of Kimhae-si, Busan-si, the Busan-si, and established a right to collateral security in accordance with the "Act on Mortgage on Factories and Mining Foundations" as to the site and factory buildings of the aforementioned D, and four (85,110,000 won total appraised) of the mining center owned by the Defendant, and upon receiving a loan from the victim around October 24, 2012, the Defendant established a right to collateral security in accordance with the above Act as to the loan of KRW 60,00,000 from the damaged person on March 6, 2015; and the amount of collateral security in accordance with the above Act as to the loan of KRW 10,000,000 from the damaged person; and the amount of collateral security in accordance with the Act as to the loan of KRW 10,000.

On June 2012, the Defendant: (a) requested the said place of business “D” to abolish one of the four of the four mining centers in which the right to collateral security was established to a third party in the name of the deceased; (b) sold the remainder to the third party in total equivalent to KRW 23,000,000; (c) sold one of the machinery learning center in which the right to collateral security was established to a third party in the name of the deceased party in the said place of business; (d) around October 2013, the Defendant sold the money learning center in which the right to collateral security was established to a third party in the name of the deceased party in the said place of business “D” to KRW 34,00,000; and (e) around May 2015, sold KRW 5-MT 1 to a third party in the name of the deceased party in the said place of business.

Accordingly, the defendant concealed the objects of the victim's rights, thereby hindering the victim's exercise of rights.

[2016 Highest 3792] On March 21, 2014, the Defendant entered into a lease agreement on one of the three parts of the CNC base machinery at a “D” plant located in Kimhae-si, Kimhae-si, and CNC base machinery. On March 21, 2014, the Defendant was handed over the CNC base machinery.

The Defendant, while keeping the above machinery for the victim, was 25,00,000 won in cash to a person who was under the name of the deceased on January 2015.