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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty on the ground that the Defendant merely temporarily delivered the instant vehicle to E as a security for borrowing money from the bondholder E, and that there was no intention to interfere with the exercise of rights. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. The crime of interference with the exercise of rights under Article 323 of the Criminal Act regarding the assertion of misunderstanding of facts and misapprehension of legal doctrine is established by the act of interference with the exercise of rights by taking, concealing, or destroying a special media record, such as its own goods or electronic records, which are the object
In this context, the term “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 not necessary to be interfered with (see, e.g., Supreme Court Decisions 94Do1439, Sept. 27, 1994; 2016Do13734, Nov. 10, 2016). In full view of the following circumstances recognized by the lower court and the court duly adopted and investigated by evidence, it can be acknowledged that the Defendant concealed the instant vehicle, which became the object of the victim’s right, and interfered with the exercise of right by transferring the instant vehicle, which was the object of the victim’s right, in order to borrow money from E, a bond company, and that the Defendant did not have been aware of the fact.
The judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding the legal principles as alleged by the defendant.
subsection (b) of this section.
Therefore, the defendant's status.