A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant operated the “C” as an industrial machinery manufacturer in Gangseo-gu Busan Metropolitan City.

On April 15, 2017, the Defendant disposed of the manufacturer E (JAPN, 2002 food), 750m x 3,000m L, 7,400m appraisal amount, 7,000m L, 7,000, and 12,000,000 won from July 25, 2014 to April 15, 2017, which became the object of the mortgage by having the branch of the Victim D Bank Green System located in the F, Busan City and disposed of 6 machinery totaled of 420,50,000 won, as stated in the list of crimes, from around July 25, 2014 to April 15, 2017.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written complaint, written contract for the establishment of a right to collateral security (the detailed statement of appraisal of machines, instruments and structures), full certificate of matters to be registered (the No. 18 No. 18), list of factory mortgage (the appraisal report), electronic tax account statement (related to disposal of low machinery), and requests for restoration of security

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Criminal Act and Article 323 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 50 of the same Act, the grounds for sentencing;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Obstruction of Exercise of Rights) in the basic area (from six months to one year) (the person who is in special sentencing) is not the one that interferes with the exercise of rights for the crimes of Category 1 or 3;

(b) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. The crime of this case’s sentencing decision is that the Defendant set up a right to collateral security for the machinery in the factory with a loan from the injured party and sold the 6 machinery of this case to the injured party. The crime of this case’s crime is not good in that it obstructed the injured party’s legitimate exercise of right. The total 6 machinery of this case’s 420 million won exceeds the 420 million won.