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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 17, 2018, the Defendant purchased Cubs car B.
At the time, the Defendant took out a loan of KRW 39,00,000 as security from the victim C (the State), and set up a collateral security on the said vehicle at KRW 19,50,000 with respect to the victim company.
The Defendant loaned KRW 18 million at the office of a lending company located in the Gu and Si on the same day, and transferred the possession of the above vehicle as security and made it impossible for the victim to know the location of the vehicle.
Accordingly, the defendant concealed goods that were the object of the victim's right, thereby hindering the exercise of the victim's right.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of partial police interrogation of the accused;
1. Written statements of D;
1. The defendant and the defendant and the defense counsel asserted that they would receive all loans under the defendant's name, and they would not have any intention to believe and instruct E, and that they would not interfere with the exercise of others' rights. The defendant's act did not have any intention to do so. The defendant's act did not have any intention to interfere with others' exercise of rights.
The crime of obstruction of another person’s exercise of right under Article 323 of the Criminal Act is established by taking, concealing, or destroying special media records such as one’s own goods or electronic records which are the object of possession or right of another person
In this context, the term "cambing" means that it is impossible or considerably difficult to detect the location of one's own goods, etc. which are the object of another's possession or right, and if it is in a situation where the exercise of right is likely to be hindered, it constitutes a crime of interference with exercise of right.