1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2015 Highest 1336]

1. On November 26, 2012, the Defendant: (a) purchased one F E 25.5 tons of a dump truck from the Defendant as the owner; (b) obtained a loan of KRW 176.5 million from the victim SP Capital Co., Ltd.; (c) around December 3, 2012, the Defendant established a mortgage on the said dump truck with the mortgagee SP Capital Co., Ltd., and the bond value of KRW 177,65 million on the said dump truck as security.

On August 2014, the Defendant borrowed 40 million won from a person who was unaware of his name before the Cheongju-si Office G located in Cheongju-si, Cheongju-si, and offered the said dump truck as security to the person who was unaware of his name.

Accordingly, the defendant concealed the dump truck owned by the defendant, which is the object of the victim's rights, and obstructed the victim's exercise of rights.

2. On March 26, 2013, the Defendant: (a) purchased one of the E E E 25.5 tons dp trucks from the owner of the J, a corporation operating the Defendant; (b) borrowed KRW 177,40,000 from the victim non-SP Capital Co., Ltd. for 72 months; and (c) established a mortgage on the said dp truck as security at around March 26, 2013, with the amount of KRW 177,40,000,000 from the mortgagee SP Capital Co., Ltd., and the value of the bonds at KRW 107,40,000.

On August 2014, the Defendant borrowed 40 million won from a person who was unaware of his name before the Cheongju-si Office G located in Cheongju-si, Cheongju-si, and offered the said dump truck as security to the person who was unaware of his name.

Accordingly, the defendant concealed dump trucks owned by the defendant company, which is the object of the victim's rights, and obstructed the victim's exercise of rights.

[2015 Highest 1781] The Defendant is a person who operates the J Co., Ltd. (hereinafter “K”).

On October 18, 2012, the Defendant purchased NMo 25.5 tons dump trucks from the M Office, Inc., Ltd., Inc., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., and offered loans to the Defendant, KRW 84,00,000, annual interest rate of KRW 12.9%, monthly 2,