A defendant shall be punished by imprisonment for six 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

On November 29, 2012, the Defendant purchased C dump truck at KRW 216.1 million, and received KRW 183.6 million from the victim Non-SP Capital Co., Ltd., and entered into an installment contract to repay the principal and interest of the loan at an equal rate for 68 months. On December 20, 2015, the Defendant paid KRW 84.41 million in installments until February 2015 after establishing a mortgage on the victim’s name on the above truck. The Defendant delayed payment from March of the same year due to the financial shortage. In addition, the Defendant applied for an order to deliver construction machinery before filing a request for auction with Daegu District Court, Daegu District Court, and the Defendant used the said truck as a hidden machine to continue to use the dump truck.

Accordingly, on June 1, 2015, the Defendant moved the instant truck to another construction site located in Pyeongtaek-gun before the execution officer G of the District Court reached the place of business in order to execute an order for delivery of the truck.

As such, the Defendant concealed his own truck, which is the object of the victim’s mortgage, thereby hindering the victim’s exercise of mortgage.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with H;

1. A complaint;

1. A report on investigation (locating a vehicle);

1. Application of Acts and subordinate statutes governing non-financial and misleading agreements to be entered into, a sales contract, a contract for establishment of a right to collateral security, a ledger of registration of a system for construction, a notice of loss of time limit, a notice of decision on loss of time limit, and an automatic protocol of non-delivery;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (six months to one year) (the person who is subject to special sentencing) (the decision of sentence] (the defendant is sentenced).