A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 17, 2014, the Defendant agreed to obtain KRW 100 million from the victimized Company on the condition that Cscarn A 25.5 tons dump trucks are provided as collateral at the office of the victim Vienna Corporation, Inc., Ltd., which was located in the Busan Jin-gu Do, Busan, for a loan from the victimized Company. On the 29th of the same month, the Defendant set up a right to collateral security (right to collateral security) as the mortgagee of the victimized Company.

After that, although the Defendant paid the monthly repayment nine times from May 2015, the Defendant started to delay the payment from around the date of the Defendant’s payment, and even if the Defendant was requested to repay the full repayment of the loan obligation and transfer the construction machinery, the Defendant provided the construction machinery as security on the condition that the credit service provider would receive 20,500,000 won from the non-permanent area of Pyeongtaek-si around June 7, 2015.

Accordingly, the defendant concealed the above construction machinery which was the object of the rights of the damaged company and obstructed the exercise of rights by the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes, such as a copy of the agreement on finance and mistake, a copy of the ledger of automobile registration, a copy of the notice of loss of time limit, and a copy of the written decision of delivery

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see the reasons for sentencing) of the suspended sentence [the scope of recommending punishment] The mitigated area (including January to August) of Article 62(1) of the Criminal Act (see the reasons for sentencing) [the scope of recommending punishment] [the person who has been specially mitigated] the mitigated area (including efforts to recover damage] [the decision of sentencing] [the decision of sentence] the construction machinery provided by the defendant as security may cause considerable damage to the damaged company with the wind to dispose of the construction machinery provided as security without permission, but the defendant submitted a letter of revocation of complaint with the intent that the victim would not want the punishment by paying a agreed amount during the trial, and the criminal punishment other than five times is imposed.