A defendant shall be punished by imprisonment for not more than ten 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 July 23, 2013, the Defendant purchased the CDX360 CA excavation machine from the Chungcheong Construction Machinery Co., Ltd. 61-3 in order to purchase KRW 22.4 million in price, and paid KRW 160,1400,000 from the Victim Dug Capital Co., Ltd., and paid the amount of KRW 160,000,000 to the victim company, mortgager, and debtor. The Defendant set up a mortgage over the claim amount of KRW 12,912,00,000 in the above digging machine.

Nevertheless, around October 7, 2013, the Defendant provided D with the above excavation ground as collateral at the parking lot of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (second time);

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. An investigation report (attached to a statement of transactions of new bank accounts in the name of a suspect A), an investigation report (attached to a statement of transactions of Korean bank accounts in the name of a suspect A);

1. A copy of construction machinery registration certificate, a copy of a decision on auction of construction machinery, and a construction machinery register;

1. Copy of the written agreement on installment financing and details of deposit;

1. Application of Acts and subordinate statutes concerning details of transactions of money borrowed, copy of a certificate of transfer of construction machinery, letter of delegation, and agricultural cooperative accounts;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing: The crime of this case is committed on June 10, 196 by providing and transferring the refratator with a mortgage established in the future of the victim company.