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The Defendants are not guilty.
Reasons
1. Summary of the facts charged
A. Defendant A’s act of hiding property (1) around 14:00 on November 30, 2017, Defendant A: (a) placed one standing signboard equivalent to KRW 100,000,00 in the market price at which the victim E (58 tax) who claimed a lien on the said land was placed in front of a container located on the D’s land at the original city owned by C Co., Ltd. (hereinafter “C”) (hereinafter “C”) around November 30, 2017; and (b) concealed the victim’s property.
2) On December 5, 2017, Defendant A removed two standing signboards equivalent to KRW 100,000 at each market price set up on the wall of the above container at around 11:00, and concealed the property of the victim by leaving them in the above warehouse.
B. Defendant B, the representative director of Defendant B’s act of hiding and aiding property concealment C, was likely to suffer disadvantage at the time of bank loan circumstances because the victim claimed a lien on the above land. On November 23, 2017, around 10:00, Defendant B instructed the Defendant A, an employee of the company, to put up the said standing signboards at the C office located in the Won-si F on November 23, 2017, and instigated the Defendant A to commit the crime of concealing property identical to the above criminal facts.
2. According to the evidence submitted by the prosecution, the fact that Defendant B instructed, and Defendant A took up standing signboards owned by the victim as stated in the facts charged, into the company warehouse is recognized.
However, according to the records, it is recognized that the victim who is claiming a lien on the above land has not exercised the lien while occupying the above land before October 25, 2012 after the registration of the commencement of auction on the above land was completed. If the debt holder acquired a lien by transferring the possession to the creditor of the construction price of the above real estate after the seizure became effective, the transfer of such fact constitutes a disposal act that is likely to reduce the exchange value of the object.