The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

1. The sentence of the lower court (five million won a penalty) on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. The prosecutor changed the indictment from the trial to the following 3rd of the facts charged: (a) the Defendant did not pay the installment after April 10, 2014; and (b) around June 2014, the Defendant concealed the said vehicle which became the object of the victim’s company’s rights and obstructed the victim’s exercise of rights; (c) applied for the amendment of indictment specifying the date and time of the crime as “ around June 2014”; and (d) this court permitted it to do so, and the judgment below cannot be maintained any further.

B. According to the records in the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment for 8 months in prison due to night structure intrusion larceny, etc. at the Changwon District Court on June 24, 2014, and the judgment became final and conclusive on July 2, 2014 after being sentenced to 2 years of suspension of execution and 80 hours in community service. Thus, the crime of obstructing the exercise of rights in the judgment of the court below committed on June 2014 should be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the said judgment becomes final and conclusive and the latter part of Article 37 of the Criminal Act are concurrent crimes, and thus, the judgment of the court below is no longer upheld.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Punishment of the crime

On June 24, 2014, the Defendant was sentenced to imprisonment with prison labor for the night building intrusion, larceny, etc. at the Changwon District Court, for 2 years of probation and for 80 hours of community service, and the judgment became final and conclusive on July 2, 2014.

On February 13, 2013, the Defendant, in ‘C agency located in Changwon-si, Masan-si B', shall have a vehicle driving (D, vehicle value of KRW 11,480,00).