Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

While the Defendant was operating the “stock company C” established for the purpose of mid- to long-term lease business in Gyeonggi-si B, the Defendant purchased a DNA excavated machine on March 30, 2016 and received some of the proceeds therefrom from E Co., Ltd. on or around July 2018, the said excavated period was at risk of auction because it was unable to fully repay the loan, and requested the victim F to substitute the said loan debt by subrogation, and subrogated the victim to E Co., Ltd. from July 2018 to November 2018. The Defendant transferred the secured debt amount of KRW 5 million established during the said excavated period to the victim’s collateral on or around July 12, 2019, and the Defendant transferred the secured debt amount of KRW 45 million to the victim.

While the Defendant did not receive contact with the victim without paying the above borrowed money from the victim, on November 22, 2019, the Defendant sent a text message from the victim on the commencement of the voluntary auction for the said excavated period and on November 26, 2019 to G, who was aware of the commencement of the voluntary auction for the said excavated period by November 26, 201. However, even though he knew of the commencement of the voluntary auction for the said excavated period, he did not bring the said excavated machine to the construction site near Macheoncheon and did not notify its location.

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. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of the Acts and subordinate statutes to H construction machinery auction decision paper, construction machinery register, construction machinery register (B), registration documents for cancellation of mortgage, text output, and investigation report (insane), and application of the relevant Acts and subordinate statutes;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;