On December 18, 2015, the Defendant: (a) purchased 1304 and 1305 of “C” in the “D” representative office of the Defendant’s “Co., Ltd. D”; and (b) borrowed KRW 85 million from the victim’s Mivers Capital Co., Ltd. in order to raise the purchase price for automobiles from the Defendant’s “C” representative office operated by the Defendant; and (c) as a security, the “mortgage” stated in the mortgage indictment with the victim’s claim amounting to KRW 85 million is clearly erroneous in the “mortgage”; and (d) thus, the Defendant ex officio corrects the “mortgage” as a clerical error in the “mortgage.”

The contract was concluded.

Nevertheless, the Defendant obtained a loan of KRW 30 million from a Vietnames loan service provider at the same place on the same day, and delivered the said car for the purpose of securing the victim’s right, so that the car can not be found, which is the object of the victim’s right, thereby hindering the victim’s exercise of right by concealing one’s own goods, which is the object of another’

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An application form for motor vehicle financial products and an erroneous agreement;

1. The register of automobiles and all of registered matters;

1. The current status of receipt and the details of deposits for loans made by a senior corporation [where the representative director of a stock company takes the goods of the company in possession of another person as the act of performing his/her duties based on the status of representative director, such act is deemed an act as the act of acting as the representative of the above company, and thus, the goods of the above company constitutes “self-owned goods” in the crime of obstructing the exercise of rights (see Supreme Court Decision 91Do170, Jan. 21, 1992

1. Article 323 of the Criminal Code of the relevant criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] Obstruction of Exercise of Rights and Interests No. 1 (Obstruction of Exercise of Rights) (6-1) basic area (6-1 year) / [special person] / [decision of sentence] decision of sentence / planned crime for raising funds, and victim.