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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal that the Defendant transferred the shares of D Co., Ltd., the owner of the instant vehicle, to H does not constitute “ciding” the crime of evading compulsory execution.
The judgment of the court below which found the defendant guilty on the premise different from this is erroneous in the misapprehension of legal principles.
2. The summary of the facts charged in the instant case is the person who was the representative of D Co., Ltd., the main office of which is Kim Jong-si from July 18, 2014 to October 6, 2016.
A. In around July 23, 2014, the Defendant: (a) borrowed KRW 11.9% of the agreed interest rate from the Multilater, Co., Ltd., Ltd., Co., Ltd., Ltd., Co., Ltd., Ltd., the closure of the victim’s deposit savings at KRW 57 million in a way of equal installment repayment of principal and interest between 48 months; and (b) concluded a mortgage contract with the mortgagee G Co., Ltd., Ltd., Ltd.; and (c) the mortgagee Co., Ltd., Ltd. as the “Stock Savings Bank,” and the “mortgager” as the “Co., Ltd., Ltd., Ltd., D”; and (d) the mortgagee Co., Ltd., Ltd., the “Stock Savings Bank,” respectively.
However, the Defendant was demanded by the victim company to return the said vehicle on September 2016 because he/she did not pay the money from July 2016 while he/she paid the loan for each month.
Nevertheless, on September 27, 2016, the Defendant sold the said vehicle to H with D corporation and the said vehicle to the mortgagee in order to prevent the victim company from withdrawing the E franchises.
B. The Defendant interfered with the exercise of rights against the franchise I in 2007, and the Defendant borrowed KRW 11.9% of the agreed interest rate and KRW 5 million in the form of equal installment repayment between the principal and interest of 48 months from the Multilater, Co., Ltd., Ltd., Ltd., the closure of the victim's deposit bank, in order to purchase the "Grrrrrrrrrrrrrrrrrt vehicle" from Gwangju-si around August 11, 2014, the Defendant borrowed KRW 11.9% of the agreed interest rate from the Lrrrrrrrrrt Bank, Co., Ltd., Ltd., a partner of the victim's bank.