A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 14, 2014, the Defendant borrowed 60 million won from the victim D to purchase the instant machines from the Defendant’s office located in Seongbuk-gu, Changwon-si (hereinafter “instant machines”), and purchased the instant machines as security for the said KRW 60 million, and kept the instant machines by means of possession amendment.

Nevertheless, on February 2019, the Defendant concealed the instant machinery in a manner of delivering it to G companies in return for repayment of KRW 70 million, which was previously borrowed the instant machinery from G companies in the F companies located in Haan-gun, Chungcheongnam-gun, Hanam.

As a result, the Defendant concealed the instant machinery owned by the Defendant, which was the object of transfer by the victim, by means of transfer as above, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (unfavorable circumstances) [The following conditions] of the suspended sentence is that the defendant has a very poor attitude in the trial because he/she had been served the written indictment on several occasions, and intentionally failed to attend the trial, etc. even though he/she had been served the written indictment on several occasions, and the amount of damage is not much [free circumstances], there is a mother to support, there is an agreement with the victim, and there is no criminal record or more of the suspended sentence for the last ten years;