A defendant shall be punished by imprisonment for not less than eight 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 29, 2012, the Defendant borrowed KRW 11.9% per annum from the injured party, and KRW 79 million on the loan period 48 months on the basis of the loan period, and decided on C dump trucks owned by the Defendant.

On March 18, 2014, the Defendant transferred the dump truck, which became the object of the victim’s right, to D and concealed it in approximately KRW 30 million, thereby hindering the victim’s exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint filed for the preparation of E;

1. Loan (Application) agreement, registration of construction machinery register, inquiry into the ledger of general fund loans, inquiry into details of deposits, inquiry into details of transactions, inquiry into repayment, notification scheduled to lose benefit due to due date, parcel-post inquiry, certificate of seal imprint, application of Acts and subordinate statutes of the corporate registry;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] that interferes with the exercise of the right, the basic area (six months to one year) (no person who is subject to any special sentencing];

2. The determination of sentence does not have been agreed with the victim, and the unrepared damage is also significant, etc., under the unfavorable circumstances, taking into account favorable circumstances, such as the fact that the defendant was committed at the time of and against the commission of the crime, the fact that there was no criminal record exceeding the same kind of criminal record and fine, and that efforts are made to recover certain damage, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant’s age, sexual conduct, environment, motive and circumstance