A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 21, 2016, the Defendant received a loan from the victim Co., Ltd. Co., Ltd. Co., Ltd. to provide three points of SV010-03076, NV010-03075, NV049-01949) as collateral at the machine market price of the C, which is the machinery owned by the Co., Ltd., and created a collateral security right to the machinery owned by the Co., Ltd, as shown in the attached list of crimes, when the Defendant received a loan from the victim Co., Ltd. from the victim Co., Ltd. until October 13, 2017.

Around March 5, 2019, the Defendant sold 368,500,000 won, including 8 points in the attached list of crimes, to E, and arbitrarily disposed of at least 368,50,000 points, including 1 point in other machines.

Accordingly, the defendant concealed his own property, which was 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. The police statement concerning F;

1. Application of Acts and subordinate statutes on account transactions, such as current status of secured machinery and apparatus taken out without permission, list of credit conditions inquiry, certified copy of corporate register, request for restitution of secured machinery, list of appraisal, appraisal statement, sales contract, electronic tax invoice, etc.

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation [the scope of recommending a person], six months to one year.

3. Determination of sentence: The issue of six months of imprisonment and two years of suspended sentence is that the defendant provided approximately 5.1 billion won to the injured bank, as security, the machinery 15 points owned by the Co., Ltd. in the operation of the defendant, while the defendant bears about 5.1 billion won to the injured bank.