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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 10, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Gwangju District Court on April 10, 201, and the judgment became final and conclusive on August 18, 2017.
While the Defendant was actually operating the company D (mutual name before change: Co., Ltd. E; hereinafter referred to as the “Corporation D”) which manufactures vehicle lighting fixtures in Gwangju Mine-gu, the Defendant obtained a loan of KRW 960 million from the Victim Industrial Bank of Korea located in Pyeongtaek-dong, Gwangju Mine-ro 851 from the Victim Industrial Bank of Korea, around September 23, 2014, and created a mortgage of KRW 1160,000,000,000 from the Victim Industrial Bank of Korea, with respect to the total of 25 types of machinery equipment, including the land and buildings owned by the Bank of Korea, such as the site for factories located in Gwangju Mine-gu, Gwangju Mine-gu, and the land and buildings owned by the Bank of Korea, such as the site for factories located in F, 1915.5 square meters in Gwangju Mine-gu, the Defendant created a mortgage of KRW 11,100,000,000,00
When the factory operation of the LOBA was difficult, the Defendant arbitrarily removed 22 mechanical appliances equivalent to the market price of 368,242,000 won, as shown in the list of annexed crimes, as shown in the list of annexed crimes, from around March 2016, 190 to G in Gyeonggi Kimpo-si.
Accordingly, the defendant concealed the machinery apparatus that was the object of the victim's mortgage, thereby hindering the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. An investigation report (Submission, etc. of a victim H statement), an investigation report (revision of a list of machinery equipment taken out without permission), an investigation report (a list of machinery equipment sold at a voluntary auction of real estate);
1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes provided that the value of the property concealed for sentencing of Article 39(1) is larger, and until now, its location is unclear, and the transferee of the claim has failed to obtain the sufficient satisfaction of the claim in the auction procedure, and the defendant has property.