A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 12, 2012, the Defendant received KRW 47 million from the victim Adump truck from the victim Adump truck to purchase C 24 tons from October 25, 2012 to November 25, 2015, and paid KRW 1,768,310 per month on the 25th day of each month to the victim for 38 months from October 25, 2012. On October 8, 2012, the Defendant established a mortgage over the amount of KRW 47 million in the victim’s name, but the Defendant paid KRW 11,405,90 won to the victim for 13 months from October 25, 2012 to October 25, 2013, the Defendant paid KRW 1,405,900,000 to the victim’s 305,050,000,000 won, without exercising its rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. A registration ledger of construction machinery and the registration ledger of construction machinery (B);

1. A certificate of all registered matters;

1. A written application to frus the issuer’s order to open the meeting;

1. Application for subscription to support services for repayment in the second and second and second installments, written consent, etc.;

1. Application of Acts and subordinate statutes to a detailed statement on receipt of interest and interest on disposable discrimination;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no basic area (6 months to one year) [the person subject to special sentencing] [the decision subject to sentencing] [the fact that the defendant delivered the instant dump truck to the bond company and obstructed the victim's exercise of mortgage, which is disadvantageous to the defendant, and that the damage has not yet been recovered.

However, all of the sentencing conditions, such as the Defendant’s confession and reply to the instant crime, the fact that there is no record of criminal punishment exceeding the fine, and the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances after the instant crime, etc.