A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 10, 2012, the Defendant purchased a victim’s “A Capital Co.,, Ltd.” (C) from the office of “Apthal Capital Co., Ltd., Ltd.,” located at No. 1777-gil 2, the Defendant borrowed KRW 67 million from the victim company. On May 30, 2012, the Defendant issued a mortgage on the said truck at KRW 67 million with the victim company as the mortgagee, but around September 18, 2012, the Defendant disposed of the said truck with the amount of KRW 10,000,000,000 to D, thereby making it impossible to locate the location of the vehicle.

As a result, the Defendant concealed the above truck which was the object of the rights of the victim company, thereby obstructing the exercise of rights by the victim company. From August 31, 2012 to October 2012, the Defendant concealed the truck that was the object of the rights of the victim company three times in total, such as the list of crimes, from around August 31, 2012 to around October 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Construction machinery registration ledger;

1. Application of Acts and subordinate statutes on mortgage creation agreement;

1. Article 323 of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The basic area (from June to one year) of the sentencing criteria [the scope of recommended punishment] shall not interfere with the exercise of the rights; and

2. Although the Defendant’s decision of sentencing reflects his mistake, this case prevents the Defendant from exercising the right to exercise the victim’s mortgage by disposing of three dump trucks which are the object of mortgage, and the nature of the crime is not good, the damage is not recovered even though the extent of damage is considerable, and other various sentencing conditions that are shown in the records and arguments of this case, including the Defendant’s age, sex, environment, etc., and the recommended sentencing guidelines set by the Supreme Court (6 months to one year) set forth in the order.