A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the actual operator of the C in Gunsan-si (State).

On October 14, 2014, the Defendant borrowed KRW 100,000 from the victim (State) bank at the Dong branch of the E Bank located in Sinsan-si, the due date for repayment from the E Bank on April 14, 2015. The interest rate was 63% at the fluctuation rate (market base rate) and entered into a contract for transfer security with the victim (State) bank at the same place on April 23, 2015 as the object owned by the said company at the victim (State), namely, F, “G”, “H machinery” (hereinafter “the instant machinery”), “H machinery,” and “170,50,000 won in total at the market price”).

On July 2016, the Defendant arbitrarily delivered the instant machinery provided as the object of transfer to the victim at the foregoing (State) C plant, as such, to another creditor, who is another creditor (I), and concealed the instant machinery as the object of transfer security of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the J in the suspect examination protocol prepared by the public prosecutor against the accused;

1. Application of the Acts and subordinate statutes on credit transaction agreements and transfer security contracts;

1. The sentencing factors favorable to the facts of the crime in question, Article 323 of the Criminal Act, the reasons for sentencing of sentence of imprisonment [the scope of recommendation] No person who has no basic area (6 months to 1 year) [the person subject to special sentencing] (the decision of sentencing] that the defendant reflects the crime, and that other creditors have passively accepted the defendant's taking of the machinery of this case for the purpose of securing claims rather than the planned crime, and that the defendant suffered loss due to the crime in question that the victim suffers from the failure to recover the principal and interest of the remaining amount of money borrowed to the defendant (the market price of the machinery of this case in dispute over the market price of the machinery of this case and according to the data submitted by the defendant after the conclusion of pleadings, the damaged person shall be paid from the defendant when considering the price at the time of purchase.