The defendant shall be innocent.

On July 11, 2014, the Defendant purchased a sports vehicle at CColand around 435,870 won per month and took out a loan of KRW 22,60,000 from Aju Capital Co., Ltd., the complainant, on condition that the vehicle be repaid in equal installments in principle between 60 months, and set up a maximum amount of KRW 11,30,000 for the above vehicle as the complainant.

Since April 2016, the Defendant did not pay installment payments from around April 2016 to October 2016, and lost the benefit of time due to the Defendant’s failure to pay a total of KRW 15,792,408, and accordingly, the complainant urged the Defendant to deliver the said vehicle to the Defendant to sell the vehicle voluntarily based on the right to collateral security. However, the Defendant concealed the vehicle so that the location of the said vehicle can not be grasped, thereby hindering the Defendant from exercising the right

Judgment

Interference with the exercise of rights under Article 323 of the Criminal Act, which is a legal provision applicable to the facts charged in the instant case, constitutes a crime of interference with another’s exercise of rights by taking, concealing, or destroying special media records, such as one’s own goods or electronic records,

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 interfered with in reality (see, e.g., Supreme Court Decision 2016Do13734, Nov. 10, 2016). According to the evidence duly adopted and examined by the court, the Defendant C Coin Coin, Ltd. owned by the Defendant was decided by the Seoul Southern District Court on Jun. 20, 2016 to commence an auction on the said vehicle by the enforcement officer with the lapse of two months from the date of the decision to commence the auction on Sept. 1, 2016.