A defendant shall be punished by imprisonment with prison labor for up to 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 February 26, 2013, the Defendant entered into a loan agreement with the victim A Capital Co., Ltd. and 42 million won to pay 15.9% of the principal and interest between 36 months and 15.9% of the principal and interest between 36 months to purchase the above 42 million won loan and purchased the above 42 million won to the victim, and then set up a mortgage against the above 42 million won to the above 40 million won.

When the defendant cannot repay the agreed principal and interest as above, he should deliver the above excavationer which has become the object of the victim's right, despite the fact that he did not pay the loan from January 2, 2014, the defendant concealed the above excavationer in a way of blocking contact after confirming the location of the excavationer to execute mortgage.

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. Statement by the defendant in court;

1. E statements;

1. A detailed loan statement and a written agreement to mislead the issuer of the contract;

1. A (B) of the registration of construction machinery;

1. Peremptory notice on the exercise of right to collateral security;

1. Application of Acts and subordinate statutes concerning the details of receipt of interest on disposable discrimination;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing in the main sentence of Article 62-2(1) of the Social Service Order Criminal Act, Article 59(1) of the Act on the Protection, Observation, etc. [Type Decision] The fact that the person who suffered damage during the period of suspension of execution and social service wanted to be punished by the defendant is that it is disadvantageous to the defendant that he/she is a defendant.

However, the fact that the defendant has no same power, the defendant recognizes the crime of this case and reflects it.