Text
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
Around December 26, 2011, the Defendant: (a) obtained a loan of KRW 32,400,000 from a victim BS Capital Co., Ltd. (hereinafter “victim”); (b) established a right to collateral security with a maximum debt amount of KRW 32,400,00 as a collateral for the loan; and (c) paid KRW 5,806,843 out of the above loan to the victim company as a collateral; and (d) requested the delivery of the said mining period from the victim company due to delinquency in payment of debt, the Defendant handed over the said mining period as collateral by borrowing KRW 32,40,000 from D operated by the Defendant and from other creditors E, from the Defendant’s business establishment as a collateral.
In this respect, the defendant concealed the excavation equipment owned by the defendant, which is the object of the victim company's right, and obstructed the victim company's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement concerning F;
1. An agreement on installment financing and mistake, and the construction machinery register;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;