The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged as “Obstruction of Exercise of Exercise of Rights” in the trial of the court. The defendant concealed the facts charged as “the actual operator of the B association,” “the two preceding units of the B association located in Yongcheon-si, Chungcheongnamcheon-si, Seoul, the market price of which is equivalent to KRW 30,360,00,000, borrowed 60,720,000 from the victim Co., Ltd. D with the loan of KRW 60,720,00 in the name of the purchase fund to be transferred from the victim Co., Ltd. for 60 months (one thousand,208,060 won each month), and provided the victim with the aforementioned preceding units as collateral. However, the defendant concealed it by means of delivery to other creditors E, who are the defendant, in December 25, 2017, by means of changing the provisions of the Criminal Act to the victim’s exercise of rights.”

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without making a decision on the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

[C] The facts constituting a crime and the summary of evidence acknowledged by the court are as stated in the facts charged as stated in the above 2. Paragraph, and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for adding "written statement of the defendant at the trial" to "written statement of the defendant at the trial," thereby citing it as is in accordance with Article 369

Application of Statutes

1. Criminal facts;