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The judgment below
The non-guilty portion is reversed, and this part of the case is remanded to the Seoul Central District Court.
Reasons
The grounds of appeal are examined.
1. The court below concealed each of the above vehicles solely on the ground that the Defendants, who established a siren company and registered the vehicle with mortgage as a business vehicle of the above company and distributed the vehicle for which the mortgage is established, inasmuch as there is no specific evidence to know the relationship of possession or use of each of the above vehicles in 2, 3, 5 through 36, and 38 through 41, whether or not they registered the new vehicle after ex officio cancellation, whether or not they registered the vehicle with new vehicle after ex officio cancellation, the nominal owner and the owner at the time of the new registration, the relationship with ownership change, and the extent of the Defendants’ specific involvement, etc.
For the reason that it cannot be readily concluded, the charges of obstructing the exercise of rights to each of the above parts were acquitted.
2. A. The crime of interference with the exercise of rights under Article 323 of the Criminal Act is established by interfering with the exercise of rights by another person by taking, concealing, or destroying a special media record, such as his/her own property or electronic records, which is the object of possession
Here, “disciding” refers to impossible or considerably difficult conditions to detect the location of one’s own goods, etc. which are the object of another person’s possession or right. If the exercise of right is likely to be obstructed, interference with the exercise of right is established and the exercise of right is interfered with in reality (see Supreme Court Decision 2016Do13734, Nov. 10, 2016). (b) Review of the reasoning of the first instance judgment cited by the lower court and the evidence duly admitted by the lower court reveals the following facts.
(1) The Defendants purchased new cars purchased through a loan from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) and registered in the name of the Libera company.