Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 27, 2018, the Defendant established the right to collateral security in the name of the victim C with a loan of KRW 2 billion to the victim C at the Jinju-si around 2018, the Defendant established the right to collateral security in the name of the victim against 5 machinery, such as sirens with a total market price of KRW 213 million listed in the attached Form of Release Machinery and Equipment, which is owned by the Defendant.

On July 26, 2019, the Defendant arbitrarily disposed of five of the above machinery units at a factory E Co., Ltd. operated by the Defendant in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun without the consent of the injured party.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to a report on investigation (specific as security value reduced);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to seven million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant, who rendered a sentence, arbitrarily disposed of five machines offered as security to the victim bank, and obstructed the exercise of rights.

The damage was not recovered, and the victim bank was not able to receive from the victim bank.

However, the defendant recognizes the crime.

The value of the machinery secured by the security has not been high due to the breakdown, etc.

It seems that the disposal amount is used as factory operation fund.

There shall be no criminal records of the defendant exceeding the previous and fine.

In addition, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, and all the sentencing conditions shown in the records and arguments after the crime are taken into account.