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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 23, 2015, the Defendant purchased Q Second Traca in a place not exceeding Busan, and borrowed 140,000,000 won as a purchase fund from the victim RR Co., Ltd. at 9.9% per annum and 48 months for a period of 48 months. On February 16, 2015, the Defendant created a mortgage on the claim value of 98,00,000 won as a mortgagee against the above loan debt as a security for the above loan debt.
On June 7, 2016, the Defendant: (a) delivered a name-free person to use the above excavation machine at a non-permanent area located in Gangseo-gu Busan Metropolitan City; (b) the Defendant could not ascertain the location of the above vehicle; and (c) the Defendant did not repay KRW 88,387,062 in total of the principal and interest on the loan from June 7, 2018.
In this respect, the Defendant concealed the excavation equipment owned by the Defendant, which was the object of the mortgage of the victimized company, and obstructed the exercise of rights by the victimized company.
Summary of Evidence
1. Partial statement of the defendant;
1. A supplementary statement for complaint;
1. In light of the following, the Defendant and the defense counsel leased the instant digging pool to the lessee, and the lessee’s contact with the lessee and failed to return it to the damaged company. However, according to each of the above evidence, the Defendant alleged that the Defendant did not have any documents related to the lease, i.e., the Defendant did not have any documents related to the lease, and did not grasp the location of K-related information or digging machines, and the Defendant asserted that the Defendant was paid rent in lump sum and transferred the instant digging pool to the lessee, and that such lease method does not normally appear to have been normal, and that there was no specific assertion about rent or other terms and conditions of the contract. In light of the above, the Defendant transferred the instant digging pool on the premise that the lessee would be refunded.