Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around February 8, 2013, the Defendant borrowed KRW 20 million from C from the D pawnpo operated by the Gangseo-gun, Gangwon-gun, which is operated by the Defendant, as a security, the Defendant provided one for E deemeddump truck 25 tons, which is owned by the Defendant. C around the 26th day of the same month, transferred a claim of KRW 20 million against the Defendant to the victim F, and the said truck was transferred to the victim F, and the victim stored the said truck as a collateral.
On February 28, 2013, at the H parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, around 00:45, the Defendant driven the above truck parkeded in that place by using a auxiliary key which had been parked in that place, and concealed it in the tunnel in the vicinity of the expressway construction site, at the time of Sejong-si.
Accordingly, the defendant was prevented from exercising his rights by taking or concealing his own property, which is the object of the victim's rights.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Registration certificate of construction machinery, construction machinery register, certificate of automobile transfer, and loan agreement;
1. The vehicle abandonment note and the bond transfer and takeover contract;
1. Details of bankbooks related to the amount of bonds acquired;
1. A construction machinery transfer certificate and other documents;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Article 323 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act (including the fact that 20 million won has been deposited for a victim and the fact that she has been punished once by a fine, etc.);