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 becomes final and conclusive.

Punishment of the crime

On June 30, 2017, the Defendant: (a) obtained a loan of KRW 59,400,000 from the Dispute Settlement Bank Co., Ltd.; (b) agreed to repay the said loan at an annual interest rate of 6% per annum; and (c) on the same day, the Defendant set up a right to collateral security of KRW 59,40,000 in the name of the victim company with respect to the said sofacing machine.

On September 2018, at a place where the location is unknown, the Defendant handed over the above soft machine to C on condition that C receive one million won in advance and 1.2 million won in each month.

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

Defendant’s legal statement

D Statement of police record on D

1. A complaint;

1. Application of the construction machinery register, sales contract, and agreement on installment financing;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: A sentence of imprisonment with prison labor for 8 months and suspended execution for 2 years, and the fact that the amount borrowed from the victim reaches 60 million won, but the damage has not been recovered almost until now is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; and (b) the Defendant is subject to criminal punishment by a relatively minor fine prior to the instant crime, there is no specific criminal history; and (c) other factors such as the background of the instant crime, circumstances after the instant crime; and (d) the Defendant’s age and character, etc.