A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates a company that manufactures and produces cooling devices with the trade name of “stock company C”.

On November 26, 2013, the Defendant established a collateral security right in the name of the victim with regard to the factory machinery, such as the CNM 400 and SYX 5400, owned by the Defendant, which is an individual movable property in the factory, at the victim new bank located on the second floor of the 44th Ssung C, a Mad-si Mad-si Mad-si Mad-si Mad-si Mad-si Mad-si 444, and borrowed KRW 160,000 from the victim’s right. Thus, the instant machinery became the object of the victim’s right.

Nevertheless, on December 2015, the Defendant sold the instant machinery to the company in a name-free manner and received KRW 60 million in cash in order to raise the wages in arrears of its employees and the hospital expenses for the Defendant at the above plant.

Accordingly, the Defendant interfered with the victim’s exercise of rights by selling and concealing the instant machinery in an amount equivalent to KRW 180 million at the market price, which is the object of the victim’s right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Business registration certificate, a credit transaction agreement, a full certificate of registered matters, and a mortgage contract;

1. Application of statutes on field photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation]: (a) there is no basic area (6 to 1 year) of obstruction of exercise of rights [the decision of sentence] [the value of the machinery of this case which the defendant arbitrarily disposed of; (b) the value of the machinery of this case which the defendant did not receive a letter from the victim; (c) the defendant repaid a considerable portion of the loans provided as security; and (d) the value of the real estate provided as security besides the machinery of this case.