A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 14, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution on July 21, 2016, due to a violation of the Labor Standards Act in the Militarysan Branch of the Jeonju District Court.

The defendant is the actual operator of C Co., Ltd. in the former Gunsan-si B, and D is the employee of the above company.

Around August 30, 2013, when the Defendant and D obtained a loan of KRW 2.2 billion from the point of view of Gunsan in the former Gunsan City of North Korea, the Defendant and D set up a maximum amount of KRW 2.84 million against the victim as to the total nine points of machinery, such as two Dongs (former Gunsan-si B No. 1 Dong and 2 Dong Dong 1 and 2 Dong 2) and the type of machinery, which were owned by the said company, and registered the creation of a security right around that time.

Nevertheless, on September 2015, the Defendant and D disposed of the 200 million won of the appraisal amounting to KRW 440,520,00,00 among the machinery types of equipment, which had been set up against the victim as seen above, without the consent of the injured party, by receiving 20,00,000 won of the appraisal amount of KRW 1,2,3,4,6.

Accordingly, the defendant in collusion with D interfered with the exercise of rights by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Full certificate of the matters to be registered, each contract for the establishment of a lower priority, and a credit transaction agreement;

1. An appraisal report;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (related to whether a suspect A is operating the C corporation of the suspect A), judgments attached thereto, and application of the search-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 323 and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Sentencing Criteria: Since there are ex post concurrent crimes, the sentencing Criteria shall not apply.

2. The instant crime provides loans to the victim by disposing of high-priced machinery offered as security to the victim following the death of the victim, upon receiving a large amount of operating funds from the victim.