A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 1, 2015, the Defendant loaned KRW 98 million from the victim C Co., Ltd. (hereinafter “victim”) to pay KRW 20,035,00 each month for 60 months in the process of purchasing B mining search machine at the office of the two infrastructure Co., Ltd., Ltd. located in Seo-gu Daejeon, Daejeon-gu, Daejeon. 21, 63, the Defendant around July 1, 2015. On July 3, 2015, the Defendant created a collateral security right of KRW 98,000 in the name of the victimized Co., Ltd. in the name of the victimized Co., Ltd. (hereinafter “the damaged Co., Ltd.”).

On December 2, 2015, the Defendant received a request from the employees of the victimized company for the delivery of the above mining season on the ground of the unpaid installments, but around December 2, 2015, the Defendant received cash of KRW 30 million from the name-free bond business operator who became aware of on the Internet in the vacant land located in Pyeongtaek-si, Pyeongtaek-si, and disposed of the above mining season.

Accordingly, the defendant concealed the defendant's property which was the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a construction machinery security loan agreement, sales contract, and obligation to pay goods;

1. The grounds for sentencing under Article 323 of the relevant Act and Article 323 of the Criminal Act (Selection of Imprisonment) for criminal facts and Article 323 of the Selection of Punishment Act [the scope of recommended punishment] [the grounds for obstructing the exercise of the right] and the basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentence] the defendant recognized the facts charged in this case, and the fact that the defendant has no record of punishment exceeding the fine previously, etc. are favorable circumstances.

However, on July 1, 2015, the Defendant borrowed KRW 98 million from the injured party to obtain a loan from the injured party to set up the right to collateral security, but later made payment on three occasions on December 2015. In addition, the Defendant disposed of the above so-called so-called so-called so-called so-called “defacing” to a bonds company with no payment on three occasions. In full view of the circumstances leading up to these crimes, the details of the crime, the scale of damage, the unrefacing damages, and the records of the same kind, etc., the above-mentioned advantages.