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A defendant shall be punished by imprisonment for not less than eight 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
From March 28, 2004, the defendant is the representative director of D Co., Ltd., which is located in Gyeongnam Development Group C, and has overall control over the above business affairs.
On November 23, 2010, when the Defendant received a loan from the victim Obank, the Defendant entered into a mortgage agreement with the victim on the amount of KRW 840 million against the land for the factory of the said company, including 5,164 square meters and a single-story factory, and 227 square meters of the factory site in F, and 198 square meters of the factory site in G, and the amount of KRW 198 square meters of the maximum debt amount. On January 17, 2011, the Defendant, upon amending the above contract, set up an additional factory mortgage on the 17th machinery, such as electric consortium in the factory.
From July 11, 2013, when the Defendant had failed to pay interest from around July 1, 2013, the Defendant transferred the total amount of 20,083,700 won on the machinery, among the machinery offered as security, as above, as payment in kind, to the creditors in lieu of the total market price of 400 x 1,083,700 won, such as the JFV-60 L) among the machinery offered as security around September 2013.
Accordingly, the Defendant concealed the machinery owned by the Defendant, which was the object of another person's right, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Application of a credit transaction agreement, a contract to establish a mortgage, a contract to alter a mortgage, a certificate of total registered matters, and a report on the result of acceptance;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] is that there is no basic area (6 to 1 year) (6 to 1 year) (a special person) (a decision of sentence] [a decision of sentence] that did not recover from damage, and is disadvantageous circumstances.
On the other hand, there are no criminal records and suspended execution.