The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (the defendant did not provide the instant golf course membership in the victim bank as a security for transfer, and the defendant still held the ownership of the said golf course membership and established a pledge to transfer only to the victim bank to the right of possession, so the instant crime constitutes a crime of interference with the exercise of rights, and thus constitutes an offense of interference with the exercise of rights) and unfair sentencing

A. According to the records of ex officio determination, the Defendant was sentenced to one year and nine months of imprisonment with prison labor for an offense without prison labor in this court on December 21, 2012, and the above judgment became final and conclusive on February 18, 2013, and the crime of this case was determined at the same time in relation to each of the crimes for which the above judgment became final and the concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account the equality between the judgment and the case where the judgment was rendered at the same time. However, the judgment of the first instance court, which was sentenced to a sentence against the Defendant without reflecting such subsequent triggering circumstances, cannot be upheld.

However, the defendant's assertion of misunderstanding of legal principles is still subject to the judgment of this court, despite the reason for ex officio reversal.

B. Determination of the misapprehension of the legal principle as to the assertion of misapprehension of the right (1) since the crime of obstruction of exercise of right is established by obstructing another person’s exercise of right by taking, concealing, or destroying one’s own property which is the object of possession or right of another person, the crime of obstruction of exercise of right cannot be established

(See Supreme Court Decision 2005Do6604 Decided November 10, 2005, etc.). Meanwhile, in cases where membership rights are transferred for the purpose of securing other obligations, membership rights are transferred from the transferor to the transferee without maintaining the identity thereof between the transferor and the transferee, and the transferor is notified to the company operating the golf course, which is the debtor, to preserve the membership rights vested in the transferee, or obtained the consent of the transfer.