Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

The Defendant is the owner of a vehicle B Aridi S6 vehicle.

On May 19, 2016, the victim C was provided with the above vehicle owned by the Defendant as security and was delivered the said vehicle to the agreement to lend KRW 25 million.

On December 6, 2016, the Defendant moved the foregoing vehicle parked in the underground parking lot of the Daegu Northern-gu D Building on the ground that the injured party continues to operate the said vehicle, without the consent of the injured party, to a private car notification in the city where the injured party is in possession of the said vehicle.

Accordingly, the defendant took the above vehicle which is the object of the victim's possession or right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A protocol concerning the examination of the police officers of the accused;

1. A vehicle registration certificate, details of each transaction, and a motor vehicle registration ledger;

1. An investigation report (Evidence List No. 4 and 8) / (Evidence List No. 4 and 8) / The Defendant entrusted F with the sale of the above vehicle, and F did not constitute a crime of obstructing the exercise of rights as the Defendant provided the above vehicle to the victim through

The argument is asserted.

On the other hand, the possession of another person subject to protection in the obstruction of the exercise of rights does not necessarily mean possession based on the right to possess. On the other hand, the possession of a person subject to protection in the obstruction of the exercise of rights does not necessarily mean possession based on the legitimate right, but it includes possession in the event of loss of the right after the commencement of possession, possession until the existence of the right has been clarified through the legal procedure, possession based on the right, or possession that can be set up by the simultaneous performance defense, etc. (see Supreme Court Decision 2005Do4455, Mar. 23, 2006).