권리행사방해
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal is that the Defendant, who voluntarily keeps, manages, or ascertains the location of the vehicle, has obtained a loan without the intent or ability to secure the loan of the victim capital company ultimately, and the Defendant’s act constitutes fraud.
Therefore, the judgment of the court below did not err by the facts charged corresponding to the defendant's act.
2. Before determining the grounds for appeal by the prosecutor ex officio, prior to the determination of the grounds for appeal by authority, the prosecutor shall examine the name of the crime against the defendant as "influence of exercise of rights" from "influence of exercise of rights", and the applicable provisions of Article 323 of the Criminal Act stipulate the "application for permission to amend an indictment under Article 347 (1) of the Criminal Act" in addition to "Article 37 and Article 38 of the Criminal Act", but it is obvious that the application is
As stated below, an application for amendment to a bill of amendment was filed to the facts charged as stated in Paragraph 1 below, and since this court permitted this, the subject of the judgment was changed, the judgment of the court below cannot be maintained any more in this respect.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal ex officio as above.
[Judgment to be used again]
1. On October 25, 2013, the summary of the revised facts charged in the instant case is that the Defendant, at the office of Surgs Co., Ltd. (hereinafter “victim”) of Surgs Co., Ltd. (hereinafter “victim Co., Ltd.”) around the fourth-gu, Daegu on or around October 25, 2013, extended KRW 35 million out of the purchase price of C-Ma Trucks (hereinafter “instant vehicle”) to employees of C-Ma-Ma Trucks Co., Ltd. (hereinafter “victim Co., Ltd.”) to repay loans and interest in installments every 36 months, and set up a mortgage on the instant vehicle to be purchased at home, so that it can be carried out as security at the time of default.
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