Text
The judgment below
The part against the defendant shall be reversed.
The defendant is each crime in the judgment of the 2014 Highest 1056.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misapprehension of legal principles (1) 2014 high group 1056 high group 2014 Defendant transferred his possession to M on the condition of the installment payment of L vehicle and K vehicle. Thus, the Defendant still still occupied the said vehicle by M.
Therefore, the Defendant concealed the said vehicle in relation to Aju Capital Co., Ltd. (hereinafter “victim”) and interfered with its rights.
subsection (b) of this section.
(2) The Defendant was unaware of the fact that B sold or offered as security the G vehicle and H vehicle to I and J, and Defendant B recovered the said vehicle in mind that it would interfere with the exercise of the right by the damaged company by taking a previous disposal of the said vehicle. Thus, the Defendant cannot be deemed to have interfered with the exercise of the right in this part.
(2) The sentencing is not unfair and unfair.
Even if the court below's sentence (6 months of imprisonment with prison labor and 2 months of imprisonment with prison labor for each crime of 2014 order 1056 order order) declared by the defendant is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, (1) the lower court’s determination as to the assertion on the instant case 1056 higher group 2014 was duly adopted and investigated by the evidence, and the following circumstances revealed, namely, ① the entry contract entered into by the Defendant and M is a vehicle lease contract with the Defendant and the Defendant agrees to pay M only the installment of the vehicle without having received any separate payment from M as the Defendant is a vehicle lease contract; ② the Defendant agreed not to dispose of the transfer of each of the above vehicles to the victimized Company without the consent of the victimized Company until the full payment of the loan was made; ③ the Defendant made a loan to the victimized Company; and ③ the Defendant made an installment payment to the victimized Company.