권리행사방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant concealed the vehicle owned by the defendant, which is the object of the victim company's right, and obstructed the victim's exercise of mortgage.
Nevertheless, the lower court erred by misapprehending the legal doctrine regarding “harbor” as to the determination of not guilty of the facts charged of this case, or by misapprehending the legal doctrine regarding “harbor” in the exercise of rights.
2. Determination
A. As of August 13, 2014, the Defendant: (a) purchased one vehicle for BM5 vehicle from the 158 KN network mid-to-K network, the 158 company, and agreed to deposit the said vehicle as security to HK Savings Bank; (b) borrowed KRW 17,00,000,000 to repay the borrowed amount at the annual interest rate of 19.9% for 36 months; and (c) on August 14, 2014, the Defendant set up a mortgage on the said vehicle as security for the loan amount.
After that, on February 23, 2015, the instant indictment states that the time when the Defendant received a loan from D and provided the instant vehicle as security and delivered it as “ March 2015.” However, according to the reply to the written order to submit documents regarding D, the Defendant appears to be “ February 23, 2015.” Thus, the Defendant’s correction is to the extent that it does not infringe the Defendant’s right of defense.
If a loan of KRW 4,500,00 is granted from a loan company in the 3th, Seogu, Daegu-gu, Daegu-gu, to offer the above vehicle as security and deliver it to the victim so that the victim may not discover the vehicle, thereby hindering the victim's exercise of mortgage.
B. The lower court determined that the Defendant provided the instant vehicle as security by lending the instant vehicle to the employees of the victim company by telephone with the Defendant, and the Defendant offered the instant vehicle as security by borrowing money from the lending company D, and the said lending company has its business office in the 3rd Seo-gu, Daegu-gu.