The judgment below

Part of acquittal shall be reversed.

The defendant shall be exempted from punishment.

1. The lower court rendered a judgment on the charge of obstructing the exercise of rights among the facts charged in the instant case, and convicted the remainder of the facts charged.

Accordingly, since only the prosecutor appealed the part of the judgment of the court below and does not appeal the part of the judgment of the court below, the part of the judgment of the court below is separated from the part of the judgment of the court below, the scope of the judgment of this court shall be limited to

If there are several orders for the judgment, such as partial conviction and partial acquittal of a case prosecuted at the same time for concurrent crimes, the part included in the relevant one order may be appealed separately from other parts, and since the part not appealed by both parties becomes final and conclusive, where only the prosecutor appealed on the part of the judgment of the first instance against which the defendant and the prosecutor did not appeal against the part of the concurrent crimes, the part of the judgment of conviction which became final and conclusive as the period for appeal has expired, and is pending in the appellate court, and accordingly, the part of the judgment of innocence shall be reversed (see Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010; 2010Do10985, Nov. 25, 2010).

3. Determination

A. The summary of this part of the facts charged is the fraud part found guilty in the lower court’s judgment around December 10, 2010.

In the case of a loan from the victim's Hyundai Capital Co., Ltd., it is the right to collateral security that the defendant is the victim with the claim value of 15,300,000 won for the passenger car owned by the defendant and the right to collateral security as the victim.