A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 10, 2013, the Defendant: (a) borrowed KRW 28 million from the victim Yangyang Life Insurance Co., Ltd. to obtain a loan from the victim to make a change in the amount of 36 months; (b) agreed on June 12, 2013; and (c) made a mortgage on June 12, 2013, at the time of making a transfer registration of the above digging machine under the name of the Defendant, the Defendant created a mortgage at which the above amount of the loan is the value of the bond.

Nevertheless, on October 2014, the Defendant obtained a loan of KRW 10 million through the Internet brokerage transaction site, and offered it as a security to a person without the name transfer, thereby making it impossible for the victim company to grasp the location of the above excavation machine, thereby hindering the victim company’s exercise of mortgage by concealing the above excavation machine owned by the Defendant, which was the object of mortgage of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An expected inquiry into receipt, the register of construction machinery (A), the details of receipt, terms and conditions of loan, application of Acts and subordinate statutes of the agreement;

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

2. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances favorable to the defendant shall be considered in light of the reasons for sentencing):

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the exercise of the right] and the basic area [the scope of the recommended punishment] [the scope of the exercise of the right], the basic area [the scope of the recommended punishment]: Six months from six months to one year.

3. The fact that the amount of damage caused by the instant crime was not significant is disadvantageous to the Defendant.

However, the defendant's mistake is against his own mistake while committing the crime of this case, and the defendant pays 11 million won to recover damage.