A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

around July 23, 2014, the Defendant, as the representative director of C Co., Ltd. located in B, was given a total of KRW 2.616 billion from around that time to July 29, 2015 at the Bank of Korea, and was given a loan of KRW 2.66 million from around July 29, 2015, and the Defendant continuously occupied and managed the establishment of a factory on the land and the land of KRW 650.3 square meters at the time of leisure water owned by the said Defendant, and the land of KRW 650.3 square meters at the time of leisure water owned by the said Defendant, E, 2130.9 square meters at the time of leisure water, and the building of two-story factories at the same time as the “attached List” installed

Nevertheless, even though the Defendant provided the above machinery as security to the victim, he disposed of it and took it out without permission after receiving KRW 33 million from G who operates the annexed machine F around April 14, 2016 for the purpose of preparing funds for the operation of the factory.

Accordingly, the defendant, who was the object of the right to collateral security of the victim, concealed factory machinery owned by the above C Co., Ltd. and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A contract for establishment of a right to collateral security, a contract for alteration of a right to collateral security, a detailed statement of appraisal of machinery, tools and structures, a written agreement;

1. A list of half-yearly machinery and appliances without permission;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The decision of suspension of execution shall be made in consideration of the value of the machinery voluntarily disposed of by the defendant, the degree of difficulty in collecting claims by the injured party, etc., and the decision of suspension of execution shall be made in consideration of the fact that the defendant has no same record of force;