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

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

Punishment of the crime

1. On August 1, 2011, the Defendant borrowed 40 million won from the K Savings Bank to the victim (owner) at the C Office located in Yeongdeungpo-gu Seoul Metropolitan Government Office No. 302, Yeongdeungpo-gu, Seoul, and purchased D digging machines. On August 26, 2011, the Defendant created a mortgage on the said digging machines to the victim as a security for the said loans.

On November 22, 2012, the Defendant did not pay the above loan installment and notified the victim to return the above scambling machine to the victim for the execution of mortgage. However, the Defendant concealed the scambling machine and refused to return it.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

2. On January 13, 2012, the Defendant borrowed 96 million won from the K Savings Bank to the victim (owner) at the C Office located in Yeongdeungpo-gu Seoul Metropolitan Government Office No. 302, Yeongdeungpo-gu, Seoul, and purchased the E digging machine. On February 13, 2012, the Defendant created a mortgage on the said digging machine to the victim as a security for the said loans.

On February 7, 2013, the Defendant did not pay the above loan installment and notified the victim to return the above scambling machine to the victim for the execution of mortgage. However, the Defendant concealed the scambling machine and refused to return it.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Notice of a loan agreement, construction machinery register, inquiry into redemption, and termination of a loan agreement;

1. Application of Acts and subordinate statutes concerning filing reports, such as a copy of loan agreements, and copies of loan agreements attached thereto, overdue demand management;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment;

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

1. A confession under Article 62 (1) of the Criminal Act shall be made;