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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 30, 2014, the Defendant purchased 100,000,000 won from the market price of 119,000,000 square meters on a dump truck from the Sump truck Co., Ltd. (hereinafter “victim”) affiliated with the victim A Capital Co., Ltd. (hereinafter “Cump truck”) around May 30, 209, and the victimized company received a loan from the victimized company for the above purchase price, the Defendant established a mortgage on the said dump truck at KRW 83,300,00 on June 12, 2014.
On January 19, 2015, the Defendant offered dump trucks as collateral and delivered them, which are the object of the rights of the victimized company, and obstructed the exercise of rights of the victimized company by concealing them.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and C;
1. Application of Acts and subordinate statutes to the register of construction machinery registration, application for debate, and waiver of rights;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. The sentencing guidelines under Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) (Article 62 (1) (Article 62 (1) (Article 1 to 8 months) (Article 6