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(영문) 서울남부지방법원 2018.10.11 2018고정301

자동차불법사용등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant, from December 1, 2015 to March 21, 2017, was a person who served as the head of the victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) (hereinafter referred to as “victim Co., Ltd.”) operated by the victim C (59 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government.

1. On March 27, 2017, the Defendant illegally used the vehicle was already retired from the victim company, and thus no longer has the right to use the vehicle owned by the victim company. Notwithstanding the absence of the right to use the vehicle owned by the victim company, the Defendant used the key of the E Spo-type car, which is still owned by the victim company, in the victim company parking lot located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, without the victim company’s consent, and operated the said vehicle back from approximately 26 km to the Defendant’s house located in

Accordingly, the defendant temporarily used another person's automobile without the consent of the right holder.

2. Around September 23, 2017, the Defendant threatened the victim by sending the victim a text message “C on October 15, 2017, 18:35, stating that the victim C’s marriage ceremony was scheduled on October 15, 2017, at his own house located in the Dongjak-gu Seoul Metropolitan Government F, and that the victim C’s marriage ceremony was scheduled to take place on October 15, 2017.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, and G;

1. On August 4, 2017, part of the protocol concerning the interrogation of the police suspects against the defendant

1. On October 24, 2017, the Defendant asserts to the effect that on March 27, 2017, the victim’s name consciousness and implied consent was given with respect to the operation of automobiles.

However, in light of the content of text messages sent by I to the Defendant on March 27, 2017, and the fact that the Defendant was dismissed as of March 21, 2017, the victim company was the victim company on March 27, 2017.