A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From July 31, 2010 to February 28, 2014, the Defendant operated a manufacturing company, such as the electronic parts of “D”, which were “D” in the e-mail from around July 31, 2010.

On May 201, the Defendant: (a) borrowed KRW 53,00,000 from the Industrial Bank of Korea of Korea the purchase fund of the pock frame (an amount equivalent to KRW 106,00,000 at the market price; hereinafter “the instant machinery”); (b) around May 24, 201, the Defendant created a factory and a factory building and the instant machinery with the maximum debt amount of KRW 63,60,000 with respect to the instant land and factory building and the instant machinery; and (c) set up a mortgage under the Mining Foundation Mortgage Act with respect to the existing land and buildings; and (d) added the instant machinery to the right to collateral security with the maximum debt amount of KRW 840,00,000 with respect to the existing land and buildings; and (e) added the instant machinery to the right to collateral security with respect to the obligor, the Defendant, and the victim as the object of the right to collateral security.

After that, around July 25, 2012, the Defendant sold the instant machinery installed at the above factory to F in KRW 80,000,000.

In this way, the defendant concealed his own property which was the object of another person's right and interfered with the victim's exercise of right, and at the same time transferred the movable property constituting a factory foundation which was the object of a mortgage under the Factory and Mining Foundation Mortgage Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint;

1. A credit transaction agreement, a contract for the alteration of a right to collateral security, a list of machinery and instruments, a contract for the establishment of a right to collateral security, and a list of machinery and instruments;

1. A certified copy of each register;

1. A report and photograph on the actual status of collateral;

1. Copies of each bankbook (referred to Serial 12,15 of the evidence lists);

1. Contracts (Evidence Nos. 13);

1. Application of Acts and subordinate statutes on electronic tax invoices;

1. The point of obstruction of another’s exercise of rights by relevant legal provisions on criminal facts: Article 323 of the Criminal Act: Article 60 (1) of the Act on Mortgage on Factories and Mining Foundation;

1. Trade name;