A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 12, 2012, the Defendant: (a) took out a loan of KRW 55 million from the victim Ajuk Capital, who transferred his claim to the assets management loan in the name of the Defendant through a coffee shop near the Defendant’s house located in Gangseo-gu Seoul, Gangseo-gu, Seoul; and (b) concluded an agreement on a construction machinery loan application with the Defendant to pay KRW 1,985,624 each month in equal installments for 36 months from the date of the loan agreement; and (c) established a right to collateral security as a mortgagee to secure the repayment of principal and interest, on January 10, 2013, the Defendant did not complete the repayment of the above loan and at around that time obstructed the exercise of the right by concealing the victim’s right after receiving KRW 55 million from the said C with the said loan’s intention to receive KRW 5,500,000,000,000 from the said C.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. An application for construction machinery loan;

1. A loan agreement on construction machinery;

1. Verification of automobile acquisition and written consent to payment of loans;

1. A certificate of transfer of construction machinery;

1. A construction machinery register;

1. Investigation report (C telephone investigation);

1. Application of Acts and subordinate statutes of a new statement of transactions in A name;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;

1. From six months to one year (the basic area of obstruction, obstruction, etc. of one’s exercise of rights) of imprisonment on the sentencing criteria; and

2. Determination of sentence: (a) the Defendant did not have much damage to the victim due to the instant crime; and (b) the Defendant did not spend the money received from C; and (c) did not have any effort to recover from damage; and (d) it is inevitable to sentence

The defendant's mistake is recognized, and the defendant has the past criminal punishment power.