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Acquittal of the accused shall be acquitted.
Reasons
1. On July 20, 2010, the Defendant: (a) purchased Cranchising car; (b) paid KRW 29 million out of the purchase price with a loan from Hyundai Capital; and (c) established a mortgage in the name of Hyundai Capital Capital for 36 months in installments on the same day; (c) concealed the said car in the manner of transferring the said car by borrowing nine million won from the person in secret name on February 201, by borrowing nine million won from the person in secret name; and (d) obstructed the Defendant’s exercise of rights by the first limited company specialized in the securitization of the victim HS, which received the claim from Hyundai Capital around May 4, 2016.
2. The crime of interference with the exercise of rights under Article 323 of the Criminal Act is established when a person interferes with the exercise of rights by taking, concealing, or destroying, his/her own goods or special media records, such as electronic records, which are the object of another person’s possession or right, and thereby obstructing another person’s exercise of rights. In the instant case, the Defendant borrowed nine million won from a person who was unaware of his/her name on February 201, and transferred the said vehicle “discept
Therefore, as a matter of principle, the statute of limitations on the instant crime from February 2, 201 is underway. The statutory penalty of the instant crime is imprisonment for not more than five years or a fine not exceeding seven million won, and the statute of limitations is seven years pursuant to Article 249(1)4 of the Criminal Procedure Act.
However, from around 2013 to July 2017, the Defendant continuously repeated entry into and departure from the Republic of Korea during a short period of time (in particular, from February 2011, to around 1-3 days shorter, and up to 2 months later) from the instant crime.
Article 253 (3) of the Criminal Procedure Act provides that where the offender stays abroad to escape criminal punishment, the period of prescription shall be suspended during that period.
In order to suspend the statute of limitations by stipulating that “the purpose of escaping criminal punishment” is to require the suspension of the statute of limitations.
Here, “the purpose of escaping criminal punishment” is limited to the sole purpose of staying abroad.