권리행사방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.
It does not appear.
3. As the Defendant’s appeal is without merit, it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure). The Defendant: “A company with limited liability in the victim EspS No. 17 of the judgment of the court below ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure; “A company with limited liability in the victim Hyundai Capital Co., Ltd.”; and on January 24, 2011, the Defendant borrowed KRW 22 million from Hyundai Capital Co., Ltd., Ltd. and transferred the said vehicle to the non-resident on the vehicle indicated in the facts charged. On November 201, 2013.
On May 20, 2016, Hyundai Capital Co., Ltd. transferred its mortgage claims against the Defendant to a limited company specializing in E.S. first securitization.
Therefore, the victim who was obstructed from exercising his right at the time of committing the crime stated in the facts charged is Hyundai Capital Co., Ltd.
Article 70(1) of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 70(1) of the former Criminal Act (amended by Act No. 12575, May 14, 201); and Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 201) of the 2nd 4nd 5th 5th 3th 3th 3th 5th 5th 5th 5th 5th 5th 5th 5th 7th 5th 5th 7th 5th 7th 7th 7th