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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant purchased BK7 car around May 28, 2013 and entered into a loan agreement with Hyundai Capital Co., Ltd. to pay KRW 726,702 per month for 60 months. A person who set up a right to collateral security of the maximum amount of KRW 33,50,000 for the said car to Hyundai Capital Co., Ltd., and the Defendant was transferred a loan and a right to collateral security against the Defendant by the said Hyundai Capital Co., Ltd. around May 20, 2016.
On January 5, 2017, the Defendant borrowed 8 million won from C from Busan National Assembly on the basis of the security, and provided the said vehicle as security so that the damaged party could not grasp the location of the said vehicle.
Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.
2. The crime of interference with the exercise of rights under Article 323 of the Criminal Act is established upon ex officio determination by taking, concealing, or destroying, a special media record, such as his/her own property or electronic records, which is the object of another person’s possession or right, and thereby obstructing another person’
In this context, the term “ciding” means impossible or considerably difficult conditions to detect the location of one’s own goods, etc. which are the object of another’s possession or right. If the exercise of right is likely to be obstructed, interference with the exercise of right is established and the exercise of right is interfered with in reality (see Supreme Court Decision 2017Do2230, May 17, 2017). Comprehensively taking account of the evidence duly adopted and examined by the court, the Defendant was granted loans from Hyundai Capital Capital Co., Ltd. upon purchasing the instant car as above, and established a collateral security on the said car. This is only the fact that the Defendant disclosed through the Motor Vehicle Registration Register, etc., and only some installment payments are made by the Defendant.