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

On December 20, 2012, the Defendant: (a) borrowed KRW 1.35 million from the injured bank at the Industrial Bank of Korea located in Ulsan-dong, Ulsan-gu, Ulsan-do; (b) granted a loan from the injured bank; and (c) set up a right to collateral security against the Defendant’s factory to 9 machinery, equipment, etc., such as CNC Ppeer 1st and Autpe 1st, which are kept in the Defendant’s factory in the injured bank.

Nevertheless, around June 1, 2015, at the “C” plant operated by the Defendant on racing B, the Defendant transferred the CNC Pipe Bender (200 million won) owned by the Defendant, which was provided as the object of the right to collateral security, to D, and Mutine 1 (the appraisal was 60 million won).

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Details of evaluation of machinery, tools and structures, information on completion of registration and notice on completion of registration, mortgage contract, appraisal document, and electronic tax invoice;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 323 (Options of Imprisonment)

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation]: (a) the basic area (6 to 1 year) of the 1st category of obstruction of exercise of rights [the decision of sentence] has not yet been restored to damage (the decision of sentence]; (b) the defendant has continuously paid interest on loans while operating a factory normally; (c) the defendant has used 90 million won in the price of the machinery as stated in the judgment of the defendant as the fund for the operation of the factory; and (d) there is no other force other than a fine of four times.