The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant: (a) established a right to collateral security on the instant vehicle to the victim; and (b) provided the instant vehicle as a collateral to a Buddhist borrower who became aware of through the Internet around December 2013; (c) however, there was no intention to obstruct the exercise of the right by the victim at the time; (d) there was no intention to interfere with the exercise of the right by the Defendant; and (e) there was no possibility that the instant vehicle may interfere with the exercise of the right, as the victim could be secured by exercising the right to collateral security as a person holding the right to collateral security, and thus, there was no possibility that the exercise of the right may be interfered with.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

B. The sentence that the court below sentenced against the defendant (the amount of KRW 3 million) is unfair because of the undue sentencing.

2. Determination

A. Determination as to the assertion of mistake of fact 1) The term "cidion" as prescribed by the obstruction of the exercise of rights by law refers to the impossibility of discovering the location of an article, or keeping it in a very difficult condition, and if there is a concern that the exercise of rights is likely to be obstructed, a crime is established and the exercise of rights is not interfered with in reality. The intention in this crime is sufficient if there is a perception that it interferes with another person's exercise of rights by taking away, concealing, or destroying one's own article which is the object of possession or right of another

2) In light of the aforementioned legal principles, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant entered into a loan agreement with the victim for the purchase of the instant vehicle around June 25, 2012, and paid the instant vehicle nine times after paying the loans on the instant vehicle on and after April 16, 2013.