The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The judgment of the court below which acquitted the Defendant of the act of disposing of the machinery provided as security by means of transfer, such as the facts charged in this case, is erroneous in the misapprehension of legal principle.

2. Ex officio determination of ex officio, the prosecutor filed an application for changes in indictment with the content of the crime as follows, and the judgment of the court below is no longer maintained as it is, since the subject of the judgment was changed by this court's permission.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for ex officio reversal exist, and the judgment below is again decided as follows.

[Attachment] Around August 28, 2015, the Defendant: (a) borrowed KRW 90,000,000 from the Victim C Co., Ltd. (hereinafter “C”); and (b) provided two of the CNC LAHHE machine, a machine owned by the Defendant, as security for transfer.

Nevertheless, on November 2018, the Defendant sold and delivered the said machinery to D, a secondhand machine business operator, at the above place, at KRW 36 million, and made it impossible for the victim to grasp the location of the said machinery.

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

Summary of Evidence

1. The defendant's oral statement in court;

1. The supplementary statement of E;

1. Application of a contract on transfer for security, a technology credit guarantee, a written estimate, a statement of claim, a statement of accounts of suspects, details of transactions by passbook (verification of payment by machine sale), and the current status of claims

1. Relevant legal provisions concerning criminal facts, Article 323 of the Criminal Act, the choice of imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is the instant crime.