The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around January 14, 2015, the Defendant: (a) purchased DMW car from C Co., Ltd. located in Busan Island B; (b) agreed to obtain loans from the victim E Co., Ltd. to pay the principal and interest in installments for 36 months; and (c) set up a right to collateral security for the said vehicle with the bond value of KRW 14,00,000,000, and a right to collateral security for the said vehicle as a victim of the right to collateral security.

The Defendant, from around November 2016, failed to repay the above loan and failed to pay it over several times, and was urged to repay the vehicle over several times. On March 2017, the Defendant refused to return the vehicle with the notice of termination of the contract and intentionally avoided contact, thereby making it impossible to identify the location of the vehicle.

In this respect, the defendant concealed objects that were the objects of the victim company's rights and obstructed the exercise of rights by the victim company.

2. The crime of interference with the exercise of rights under Article 323 of the Criminal Act, which is a legal provision applicable to the facts charged in the instant case, is established by the act of interference with another’s exercise of rights by taking, concealing, or destroying a special media record, such as its own property or electronic records

In this context, “ciding” means 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 Decision 2016Do13734, Nov. 10, 2016). According to the evidence duly adopted and investigated by the court, the Defendant is not informed of the location of the said vehicle even if he/she made a new demand for change of E company, and is not voluntarily delivered the said vehicle, ② repeatedly avoided contact with the said company, ③ a loan in arrears with the said company several times.