A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant, as the representative director of D, has practically operated the above company, mainly for the location of the head office, the manufacture and sale of heat exchangeers, and the defendant has been operating the Haak-gun.

On August 29, 2013, the Defendant obtained a loan of KRW 427 million from the Industrial Bank of Korea for the above Company’s facility loan, and established a collateral security on the machinery of three kinds, including the “CNCHorzonal Bring M/C (Model: BFT-125) machinery, which is owned by D, as a security for the above loan obligation.

On November 2014, the Defendant sold 48,40,000,000 won to a non-name-based business entity, even though the Defendant did not fully repay the above loan obligations. However, the Defendant sold one machine "CNCHizonal Balling M/C (Moel: BFT-125) to a non-name-based business entity.

Accordingly, the defendant, as the representative of D Co., Ltd., concealed the above machinery which became the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (including attachment to the registry of a factory foundation, reporting on confirmation of the date and amount of machinery sale, attachment to all certificates of all registered matters D, and accompanying materials);

1. Application of Acts and subordinate statutes to a complaint, credit transaction agreement, agreement on the establishment of a mortgage, and report on the actual status of security;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Punishment of Imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] The mitigated area (one month to eight months) [the person who has been specially mitigated] [including efforts to recover damage] the defendant's primary offender; the defendant has agreed with the victim; the defendant's health status; the defendant's age, sexual behavior, environment; the defendant's motive and background of the crime; and the circumstances after the crime, etc., shall be considered to be the conditions for sentencing as shown in the arguments in the instant case; and the sentence is determined as ordered.