Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 31, 2013, the Defendant: (a) purchased one dump truck truck produced by the KNF Korea Co., Ltd. with loans of KRW 184,00,000 from the KNF capital Co., Ltd.; and (b) agreed to repay 9.5% per annum to the KNF Capital Co., Ltd. and annual interest of KRW 9.5%; and (c) from May 31, 2013 to July 20, 2018, the Defendant agreed to repay dump truck under equal terms between 60 months after 2 months from 30 months from 20,000 and 60 months from 20 months from 20, thereby establishing a collateral security right in the name of the KNF Capital Co., Ltd., Ltd., the amount of which is the amount of
On February 1, 2016, the Defendant did not repay the principal amount of KRW 166,740,669 among the loan obligations, but did not repay the principal amount of KRW 166,740,669.
Accordingly, the Defendant interfered with the exercise of rights by the NAF Capital Co., Ltd. by selling B dump trucks, the object of which is collateral security of the NAF Capital Co., Ltd., to a third party whose personal information is unknown, making it impossible to identify its location impossible.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application for non-financial loan / brief statement, inquiry into the president of a loan, and detailed statement of loss of time limit;
1. Application of Acts and subordinate statutes of the Construction Machinery Register;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] shall be determined as per the disposition, taking into account the following factors: (i) the mitigation area (one month to eight months); (ii) the exemption area (including special mitigation persons); (iii) the non-existence of punishment (including efforts to recover damage); (iv) the size of damage (including decisions on the sentence] damage; and (v) the agreed agreement;