A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 1, 2015, the Defendant created a security right to transfer to the victimized company about four parts of the mining center machinery of KRW 210,3180,000,000, purchased in total from the Dispute Resolution E., the amount of KRW 210,3180,000, to employees of the permanent branch office of D, a victimized company, at the office operated by the Defendant in Daegu North-gu, Daegu-gu, the Defendant, around October 1, 2015.

Nevertheless, on March 12, 2018, the Defendant disposed of four of the machinery of the above mining center around March 12, 2018 in the position where it is difficult to pay personnel expenses, transaction fees, etc. due to the aggravation of the financial situation, in the amount of KRW 86 million.

Accordingly, the Defendant concealed four parts of the mining center machine, which was the object of the security right to transfer the damaged company, by selling them as above, and obstructed the exercise of the rights of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (as to the correction of proceeds from the sale of the machine from the mining center and evidentiary materials);

1. Application of Acts and subordinate statutes to the ledger of inspection of machinery and tools, such as a bank transaction status table, a copy of transfer security contract;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right;

2. The Defendant, who was sentenced, committed the instant crime without being aware of the fact that he was under probation.

The amount of damage has not been completely restored to the name of 190 million won.

Considering these circumstances, it is inevitable to strictly punish the accused.

On the other hand, the defendant recognized and reflected the crime, the defendant does not seem to gain personal benefits such as using the proceeds from sale as the fund for the management of the company, and the defendant does not have the same criminal record.