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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is the C representative located in Pyeongtaek-si B.
From November 11, 2009 to October 18, 201, the Defendant obtained loans of KRW 1,08,000,000 from the victim Han Bank from November 1, 2009 to the victim Han Bank, and from the Defendant’s office model name, SIDUS-550 square meters of land for Pyeongtaek-si B, owned by the Defendant, and the number of cut-off machinery model, including 2,009 square meters of land for Pyeongtaek-U.S., SDR-501, 1, 2, and 750/500 of land Mynx, and 1,00,000,000,000 when providing a factory mortgage in the form of factory mortgage, the Defendant shall not dispose of the said machinery provided by the Defendant at his own discretion.
Nevertheless, on March 2012, 2012, the Defendant sold NM400, Maynx 7500/50 100 million won to a person who has lost his/her name. On July 2012, 2012, at the same place as SDRIUS-UL 1, and SDRIUS-5501, at the same place as SDRIUS-550, the Defendant concealed the said machinery that became the object of the victim’s right by selling 56 million won to a person who has lost his/her name, 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. Application of each certified copy of register, a mortgage contract, and the Acts and subordinate statutes requesting restoration of machines and instruments;
1. Article 323 of the Criminal Act and Article 323 of the Criminal Act regarding criminal facts, and Article 323 of the Criminal Act regarding the sentencing of imprisonment, the defendant, without any notification to the victim, disposed of the instant collateral worth at least 200
Even if there is another common security for the victim, if it is conducted by auction, it is unclear whether the victim can recover the full amount of the claim.
Nevertheless, the defendant does not make any effort to recover damage.
Considering these circumstances, the sentence shall be determined as ordered.