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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Around November 21, 201, the Defendant entered into a sales contract with C to purchase one of the 1997 digging period from the seller, and on the same day, the Defendant established a right to collateral security in the name of the Defendant with respect to the above digging period as the purchase price of KRW 35,00,000,000 from the victim through the above G brokerage, which is an affiliated point of the victim 203 dong 223 in order to prepare the purchase price of the above digging period in G office operated by the 203 dong-gu, Seo-gu, Gwangju, Seoul, and established a right to collateral security in the name of the Defendant on November 29, 201, by taking out KRW 35,000,000 from the victim as the purchase price of the digging period.
Around January 2013, the Defendant concealed the above excavation machine in a way that, even though there remain 30,805,452 won of outstanding loans to the victim, the Defendant did not repay the loans to the victim any longer from that time, was concealed at an influence place, and was stolen to the victim, and was not informed of its location.
Accordingly, the Defendant concealed the above excavation equipment owned by the Defendant, which was the subject of the right to collateral security of the victim, and obstructed the victim's exercise of rights.
The defendant asserts that it was lost, not intentionally concealed the soft machine.
(1) However, the Defendant did not report the loss of the sculg to avoid the demand for temporary repayment of loans from the victim; however, the Defendant did not delay the repayment of the sculg in installments from the time when the Defendant alleged the loss to be a lump sum; thus, it is difficult to accept the foregoing reasons as it is. ② Even though the Defendant said that the sculging machine was leased to a third party in the area of Jindo-do, the Defendant did not know at all the details of the lease or the location of the sculging machine.