The defendant shall be innocent.

1. Around March 4, 2010, the Defendant agreed to pay monthly installments for 36 months with a loan of KRW 13.6 million from the injured party in purchasing Crocketing used cars at the location of Changwon Co., Ltd., the victim Hyundai Capital Co.,, Ltd. (hereinafter “the instant car”) at the Changwon-si, Howon-si, STX Building 105, as the center of Sungwon-si, Sungwon-si, Seoul. Around March 4, 2010, the Defendant set up a mortgage on the instant car with the bond value of KRW 13.6 million and the mortgagee as the victim.

The Defendant, by November 201, did not pay the installment after the instant car was paid by November 201, the Defendant: (a) transferred the instant car to F at the E-factory located in Haannam-gun, Haannam-gun, around March 2012, and the location of the instant car could not be known; and (b) concealed the instant car which became the object of the victim’s right and interfere with the victim’s exercise of rights.

2. The Defendant and his defense counsel claimed that the Defendant Company would take over the instant car in Hyundai Capital, but the Defendant refused to take over the instant car from Hyundai Capital on the ground that there are many taxes in arrears.

The Defendant, at the time of being detained in another criminal case, kept the instant car to F, a director of the company operated by the Defendant, and received an order of delivery and notified F of F’s address while taking over the instant car. As such, the Defendant did not conceal the instant car.

3. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.