A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is the representative director of the company B.

During three times from December 20, 2001 to March 3, 2004, the Defendant respectively set up a collateral security (right to collateral security) with a sum of KRW 800,000,000,00, for the land, buildings, and machinery of the B company operated by the Defendant, which was owned by the Defendant, as the mortgagee, Daegu Bank Co., Ltd., as the mortgagee, and the Defendant as the pledger of the right to collateral security (right to collateral security).

On March 26, 2009, the Defendant entered into a contract on the alteration of the right to collateral security with the machinery owned by the Defendant, adding the machinery owned by the Defendant to the said collateral security object, making 7 lots of land and buildings, and machinery 26 forms as stated in the attached mechanical list as the object of collateral security, and completed the registration of establishment of the right to collateral security on March 30,

Nevertheless, around November 4, 2011, the Defendant transferred 82,373,00 won in total of 11-type appraisal values of the same machinery as indicated in the attached machinery list Nos. 3, 4, 6, 9, 13 through 16, 19, 22, and 24 among the 26 types of the above machinery, which was the object of the victim’s right, on the high water.

Accordingly, the defendant taken and concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint filed by E;

1. Current status of credit and security (1);

1. A certified copy of the register;

1. An agreement;

1. Application of Acts and subordinate statutes to each contract to establish a mortgage and the contract to alter a mortgage;

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 (the first crime, confession, and reflective fact) of the suspended sentence;