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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 5, 2013, when purchasing C Dump trucks, the Defendant agreed to pay KRW 2,593,713, and KRW 3,085,220 once a month during 48-month period with loans of KRW 115,00,000 from Bump Capital Co., Ltd., a victimized company, the Defendant agreed to pay KRW 3,085,220. On March 6, 2013, the victimized company set a collateral security right on the said truck with a claim value of KRW 92 million.
On November 2013, the Defendant interfered with the exercise of rights by the victimized Company by removing two parts of the above truck, which are the main parts of the Plaintiff’s business, located in Scheon-si, 59, the total market value of which is 13,537,480, which is the main parts of the Plaintiff’s business, at the private business place located in Scheon-si, 2013.
2. On August 30, 2013, the Defendant: (a) purchased dump trucks at the office of the Cheongho Industrial Office, Inc. located in Jinju-dong, and (b) entered into a contract for entry with the victim after registering the ownership of the said truck in the name of the Cheongho Industrial Office, Inc.; (c) around September 13, 2013, the Defendant borrowed KRW 130 million from the Hasan Capital Co., Ltd., Ltd.; and (d) on the said truck as security, the Defendant set up a right to collateral security at KRW 82,40,000 on the said truck.
On July 2014, when the Defendant kept the said truck for the victim, he/she embezzled the said truck by having E, who had a claim for existing unpaid repair expenses at the 59 business places of service-based service-based Korea Co., Ltd., Ltd., Ltd., Ltd., located in Scheon-si, Sacheon-si (Sacheon-si) with the upper part of the said truck.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of a loan agreement, each mortgage contract, each construction machinery register, construction machinery registration certificate (D) and Acts and subordinate statutes;
1. Relevant Article 323 (Obstruction of Exercise of Rights) of the Criminal Act, Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. The Criminal Act among concurrent crimes.