Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 29, 2013, the Defendant purchased more than 1 BLX30 logs, and entered into an agreement to pay 50,000,000 won from Hyundai Capital Co., Ltd. for a loan of 36 months, and set up a mortgage on the said construction machinery at Hyundai Capital Co., Ltd. with the amount of the secured claim KRW 50,00,000 on the same day to secure it.

Nevertheless, according to the police and prosecutor's statement of the defendant around August 2016, the time when the defendant borrowed money to C and took over construction machinery around August 2016. Thus, the date and time of the crime are changed as above.

In the Songdo export complex located in Yeonsu-gu Incheon Metropolitan City, the construction machinery was handed over to C as security for the obligation equivalent to KRW 20,000,000 from the equipment dealer, so that it is considerably difficult to discover the location of the construction machinery.

Accordingly, according to the fact that the Defendant acquired the claim for the principle of loan against the Defendant from Hyundai Capital Co., Ltd., the Defendant transferred the claim against the Defendant with the limited liability company, and the notification of transfer and acceptance of the claim attached to the Defendant’s complaint, which was specialized in the securitization of the company, the Hyundai Capital Co., Ltd., the Defendant appears to have transferred the claim against the Defendant on May 4, 2016, which was the transfer of construction machinery to the limited liability company, and therefore, the victim whose exercise of the right was obstructed by the Defendant’s act is changed to the said limited liability company.

The defendant's goods, the object of which was the victim's rights, were concealed, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the filing of complaints by a limited company specializing in EPS;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;