A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 17, 2016, the Defendant purchased a dump truck with B B 24 tons, and obtained a loan of KRW 52 million from the Korea Savings Bank (U.S. Co., Ltd. before the change) to the victim (the loan period of KRW 48 months, terms of equal repayment of principal and interest) and around August 2, 2016, the Defendant created a mortgage on the claim value of KRW 52 million with respect to the dump truck in the victim’s future.

After that, on March 2017, the Defendant borrowed KRW 4.5 million from a non-specific credit service provider in front of the first apartment house in the New Young-dong, Gwangju Mine-dong, and transferred the said dump truck to the victim, making it impossible for the victim to grasp the location of the said dump truck.

Accordingly, the defendant concealed the dump truck owned by the defendant, which is the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An agreement on the application for over-the-spot (Evidence No. 33)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] When an intentional act is committed in the mitigated area (i.e., January to August) (i.e., the special mitigated person) (i., January to August) of the mitigated area (i.e., the special mitigated person), the punishment is determined as ordered in consideration of the following circumstances and the defendant’s age, sexual behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the circumstances constituting the conditions for sentencing as shown in the argument of this case.

Unfavorable circumstances: Damage is not recovered, and the remaining damage is significant because the loan principle collected compared to the value of concealed dump truck is low.

The favorable circumstances: The error is divided in depth.

It is a crime by willful negligence.

Until July 2017, the principle of loan was paid.

There are no criminal records which exceed the same kind of criminal records or fine.