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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

Around February 27, 2013, the Defendant purchased E digging machines from Hyundai Social Co., Ltd. on and around April 2, 2013, the Defendant established a right to collateral security with a claim amount of KRW 29 million against the victim as creditor, and with a claim amount of KRW 29 million on and around February 28, 2014. Around February 28, 2014, the Defendant established a right to collateral security with a claim amount of KRW 50 million from the victim, with a vehicle price of KRW 50 million borrowed from the victim and the vehicle price of KRW 2013 of the facts charged as 2014 was clearly written in writing. Accordingly, around March 21, 2013, the Defendant corrected the foregoing F digging machines with a claim amount of KRW 35 million.

Nevertheless, around July 2015, the defendant transferred two above excavations to the defendant's creditors under the name of repayment of debt at the construction site located in Gyeonggi-gun G in Gyeonggi-do.

As a result, the Defendant concealed the softer owned by the Defendant, which was the object of the victim’s rights, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each review sheet (Evidence List No. 17, No. 42), each application for loans (Evidence List No. 19-21, No. 44, 5), each construction machinery registration certificate (Evidence List No. 22, No. 46), each construction machinery registration certificate (Evidence List No. 28-30, No. 52-54), each assignment of assignment and guidance for payment (Evidence List No. 31, No. 55, and No. 66), each decision on the auction of motor vehicles (Evidence List No. 34-36, No. 59-61), each decision on the auction of motor vehicles (Evidence List No. 37,8, 62, and 3 of the Evidence List); the application of the statutes governing the impossibility of delivery of motor vehicles (Evidence List

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Considerations such as the number of damages caused by sentencing under Article 62 (1) of the Criminal Act, the circumstance of the case, and the restoration of damages agreed upon;