The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The Defendant did not conceal the vehicle.

The defendant did not comply with the request of the victim company to return the vehicle or avoid contact.

The defendant was contacted with the employees of the victim company to compel the execution of the vehicle by the employees of the victim company and only the employees before the vehicle. The defendant agreed to continue to operate the vehicle by promising the payment date of installment after requesting the vehicle to change the time.

Since then, the defendant was requested to pay the installment, but the installment was not paid, and the defendant did not receive any contact from the injured party.

Delivery of Vehicles was attempted

On March 26, 2015 and April 21, 2015, the Defendant had been unable to contact and the execution of extradition was made.

On the other hand, in addition to the case of operating a vehicle, the Defendant has parked a vehicle under the J elementary wall in the vicinity of the Defendant’s residence from around B, 2014 to September 2015, and there is no concealment of the vehicle.

2) There was no intention to obstruct the Defendant’s exercise of rights.

The defendant did not have the awareness that he could interfere with the exercise of his right because he parked the vehicle under the J elementary school wall as well as parked the vehicle in common as he tried to execute the delivery of the vehicle.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) The Defendant and the defense counsel at the lower court’s judgment on the assertion of mistake of fact did not have concealed a motor vehicle as it was parked in the place where the motor vehicle was parked at the time of auction, and there was no intention to interfere with the exercise of rights.

The argument was asserted.

According to the evidence duly adopted and examined by the lower court, the lower court: (a) the Defendant obtained a loan from the injured party; and (b) the victim immediately sells or arbitrarily sells the vehicle at the time of non-performance of the contract.