A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 20, 2007, the Defendant obtained a loan of KRW 720,000,000 from the Industrial Bank of Korea from the injured party’s office located in Pyeongtaek-si, and created a right to collateral security on the factory site and building owned by the Defendant. On December 29, 2010, the Defendant additionally set up a right to collateral security on seven machinery and equipment located in the above factory. On September 20, 2014, the Defendant sold a sum of KRW 50,372,00,00,000, which was the object of the victim’s right to collateral security (50 tons, city, and city) to another property owned by the victim, and sold a sum of KRW 30,000,000,000,000 to KRW 50,000,000,000,000 to KRW 30,000,00,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of a mortgage creation agreement, and machinery, tools list statutes;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the scope of recommended punishment] that prevent the exercise of rights, shall be set forth in Category 1 (Obstruction of Exercise of Rights) (one month to eight months) [the person who has made a special mitigation] efforts to recover damage;

2. The appraised value of machines sold voluntarily by the defendant who has been sentenced to a sentence is not much;

On the other hand, the defendant recognized the crime of this case and reflects it, and there is no record of punishment other than that of fine once 2016.

It seems that most of the damages have been recovered due to the sale of other collateral offered to the victim.

In addition, various conditions of sentencing that are shown in the records and arguments, such as the motive and background of the crime, the age, sex, environment, and circumstances after the crime.