A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

"2018 Highest 529"

1. On March 16, 2016, the Defendant interfered with the exercise of rights: (a) purchased a ice D car from a trading company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company

Nevertheless, the Defendant obtained a loan of KRW 21 million from F on December 29, 2016 from F, and delivered the said vehicle for the purpose of securing the said vehicle to make it unclear the location of the vehicle.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

[Defendant and defense counsel's inform the victim company of the delivery of the above vehicle to F, and as F is possessed by F, the location of the above vehicle is certain, so it does not constitute a crime of obstructing the exercise of rights.

The argument is asserted.

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 taking, concealing, or destroying special media records, such as its own goods or electronic records, which are the object of possession or right of another

In this context, “disciding” refers to impossible or considerably difficult conditions to detect the location of one’s own goods, etc. which are the object of another’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, e.g., Supreme Court Decisions 94Do1439, Sept. 27, 1994; 2016Do13734, Nov. 10, 2016). However, according to the evidence duly adopted and examined by the court, the Defendant delivered the vehicle that the victim created the right to collateral security to F, and the Defendant delivered the vehicle that the victim created the right to collateral security to F.