A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operated the Distribution Transport Business Co., Ltd. E from April 201 to August 2015, 2015.

On February 21, 2013, the Defendant: (a) purchased 26 tons of wing C (G) 26 tons of wing C in the name of the Defendant around February 21, 2013; (b) agreed to obtain a loan from the Victim Capital Co., Ltd. for the entire purchase amount of KRW 3,850,000 each month to repay the loan principal for 60 months each month; (c) on March 8, 2013, the Defendant set up a right to collateral security of KRW 180,000 for the said Cargo Co., Ltd., one of the claim value of KRW 180,000 for the said Cargo.

On August 11, 2015, the Defendant: (a) did not have the ability to repay the loan principle any longer due to business depression under the remaining unpaid loan principle against the said victim; (b) transferred the said cargo vehicle to H, thereby making it impossible to identify the whereabouts of the said cargo vehicle, which was the object of the right to collateral security of the victim; and (c) obstructed the victim’s exercise of rights by concealing the said cargo vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made to I by the police;

1. The current status of inquiry into the balance of claims, a loan agreement, a motor vehicle registration ledger, and deposits in preparation for the Schedule;

1. A written confirmation or a contract for transferring a corporation;

1. Determination as to the assertion by the defendant and defense counsel of the corporate registry

1. The summary of the assertion is that the Defendant did not transfer the F (Change to G) 26 tons of wing B (hereinafter “instant vehicle”) to H, but merely transferred the corporate body itself, E, a stock company, to H, and changed the representative director of the said corporation to H. As long as the possession of the said company’s above vehicle continues and the representative director exchangeds between the victim’s employees and H even after the change to H, it cannot be deemed as “a concealment” under Article 323 of the Criminal Act.

2. Interference with the exercise of rights under Article 323 of the Criminal Act shall be one's own property or property which has become the object of another person's possession or right.