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 April 11, 2011, the Defendant purchased 1 ton treatment of 6 ton on 29.6 tons, and received a loan from the 1,750,880 won per month from the injured party (ju). The Defendant agreed to set up a collateral security right against the said vehicle at KRW 85,80,000 per month between 48 months and 48 months. The Defendant established the said victim company as the obligee, the Defendant as the obligor, and the maximum amount of the claim amount of KRW 85,80,00.

Nevertheless, the Defendant paid KRW 34,731,544,00 until May 2016, and delayed payment of the remaining installments, and demanded the victim to return the right to collateral security and the vehicle from the victim on May 30, 2016, but the Defendant had the victim failed to discover the location of the above excavation season, and did not notify the building company with no contact with employees of the victim of the fact that the above excavation season was leased to the building company with no knowledge of the name of the victim, thereby hindering the victim’s exercise of rights by concealing the article that became the object of the victim’s right by means of not notifying the victim of the whole location of the above excavation season.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Construction machinery registration ledger;

1. Application of Acts and subordinate statutes to a copy of a loan agreement, a copy of a modified agreement, and details of receipt of principal and interest of disposable discrimination;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to one year (the scope of recommended punishment) and the basic area (up to six months to one year) (up to one year) (no person who is subject to special sentencing).

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

An unfavorable circumstance: A repayment shall not be made to the victim.