1. The punishment of the accused shall be ten months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On August 17, 2009, the Defendant purchased one of D D D D D D D D dump cargo vehicles through a trading intermediary business operator with a name and an unknown address, and received a loan from 61,200,000 won from Hyundai Social Co., Ltd., the Defendant paid the above vehicle price to secure this, and even though a mortgage was created on around February 21 of the same year, the mortgagee was the victim and the value of the claim was 61,20,000 won, the Defendant obstructed the exercise of the mortgage by concealing the above vehicle that became the object of the victim’s mortgage. However, around the end of February 2011, the Defendant provided a mortgage on the above vehicle to the obligee under the name of the victim without the consent of the victim and provided it as a substitute for the other obligation to the creditor in the name of the new-dong, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. An application for loans from modern social money, and a notice on the transfer of bonds and acceptance of entrustment;

1. The register of construction machinery registration, public announcement of the transfer of bonds, sale certificate, and asset transfer agreement;

1. Application of the Acts and subordinate statutes on payment orders;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. The basic area (from June to one year) of the sentencing criteria [the scope of recommended punishment] shall not interfere with the exercise of the right; and

2. Determination of sentence: Imprisonment with prison labor for 10 months, the period of suspension of execution of 2 years: The fact that the amount of loans is expected to reach the amount equivalent to the unpaid amount of loans, the circumstances favorable to the fact that no agreement has been reached with the victim: The fact that there is no previous conviction in excess of fines, the above circumstances that there is no previous conviction in excess of fines, and the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, sex, environment, background, means and consequence of the crime,