1. A defendant shall be punished by imprisonment with prison labor for six months;

2. Defendant B shall be punished by imprisonment for a period of four months.

except that this shall not apply.

Punishment of the crime

On February 9, 2018, Defendant A was sentenced to six months of imprisonment with prison labor and two years of imprisonment with prison labor for the obstruction of the exercise of rights at the closing support of the Jung-gu District Court, and appealed on February 13, 2018 and is currently pending trial at the appellate court. On February 16, 2016, Defendant A was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for the violation of the Punishment of Tax Offenses Act in the closing support of the Jung-gu District Court, and the judgment became final and conclusive on February 24, 2016, and Defendant B was sentenced to two years of suspension of execution for four months of imprisonment with prison labor for the obstruction of the exercise of rights at the closing support of the Go-gu District Court on February 9, 2018 and the judgment became final and conclusive on February 20, 2018.

Criminal facts

Defendant

A is the actual operator of the D Co., Ltd. located in C, and the defendant B is the representative in the name of the said D Co., Ltd.

On October 25, 2013, the Defendants conspired to purchase E (F) dump trucks at the office of the said D Co., Ltd., and entered into a loan agreement with the victim G Co., Ltd. on a equal repayment method between 82,000,000 won per annum, 12.9% per annum, and 60 months, on November 11, 2013, the Defendants set up a right to collateral security (82,000,000) for the value of the claim against the creditor on the said dump truck.

However, on May 2014, the Defendants borrowed KRW 14,500,000 to H from a secondhand truck dealer, and delivered the said dump truck as a collateral, thereby hindering the victim from exercising his/her rights on the exercise of dump truck mortgage.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the statement of the complainant's representative;

1. An installment financial agreement (application for installment loan for secondhand construction machinery), notification of transfer, registration of construction machinery A, registration of construction machinery, registration of construction machinery, assets transfer agreement, and sales deed;

1. Previous convictions in judgment: Investigation reports (Attachment to the judgment of the first instance court in the same kind of case), text of judgment, etc., reporting the previous convictions in disposition, reporting the results of confirmation, and applying written inquiries about the careers of each crime

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Articles 323 and 30 of the Criminal Act; the Defendants’ choice of imprisonment

1. Defendants who commit concurrent crimes: the latter part of Article 37 of the Criminal Act.