A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 17, 2014, the Defendant: (a) purchased an EK7 car by the victim C Co., Ltd. (hereinafter referred to as “D”) from the representative director; (b) borrowed KRW 209 million from the victim; and (c) established a mortgage on April 23, 2014 with respect to the victim Co., Ltd. (hereinafter referred to as “D”).

The defendant, as the representative director D, has custody of the above vehicle.

Around June 2014, the office made a disposition to the person who has not been named in the above office.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's right and interfered with the exercise of others.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The new application data, business registration certificate, and the register of automobiles (EK7) [the defendant and the defense counsel] (the defendant and the defendant are owned by D, not the defendant's ownership, and the automobile of this case is owned by D, and the defendant is now owned by D to H, which is the defendant's seat, so there is no room for obstructing the defendant from exercising his rights. In a case where the representative director of the corporation takes the goods of the company of this case, which is possessed by others as the act of performing his duties according to the representative director's status, the above act is deemed to be an act as the representative of the company of this case, and the above company's goods are also deemed to be "self-owned goods" in the crime of obstructing the exercise of rights (see Supreme Court Decision 91Do1170, Jan. 21, 192). According to evidence duly adopted and examined by the court, the defendant is recognized to have disposed of the automobile to H, which is the place of the execution of duties as the representative director of D around June 2014, so even if the automobile of this case is owned by D.

"Harboring" among the elements of the crime of obstruction of another's exercise of a right is impossible to detect the location of one's own goods, etc. which is the object of possession or right of another.