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(영문) 서울북부지방법원 2020.04.28 2019고단2391

절도등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Basic Facts

Around May 19, 2016, the Defendant purchased the said vehicle in the name of the Defendant as a C-verification machine with a market price of KRW 56 million and used the said vehicle jointly with the victim after purchasing the said vehicle in the name of the Defendant around May 19, 2016. The victim bears 30 million out of 31.3 million of the remainder of the vehicle remaining after the Defendant paid each month by December 14, 2017, and around May 12, 2018, the Defendant paid KRW 10 million to the Defendant as a settlement protocol for the installment payment of the vehicle paid by the Defendant on or before May 15, 2018, and the Defendant issued a certificate of personal seal impression to the victim as necessary before the said vehicle.

Since then, the Defendant: (a) filed a de facto marriage relation with the victim in the Gangnam-gu Seoul Metropolitan Government apartment D apartment unit E, which was owned by the victim; (b) filed a large claim with the victim on December 17, 2018; (c) filed a settlement of the relationship with the victim; and (d) returned the above residential entrance height on December 24, 2018 without the victim.

Criminal facts

On February 25, 2019, at around 09:00, the Defendant got into the above D apartment, which is the victim’s residence. On February 25, 2019, the Defendant accumulated a number key of the above apartment joint entrance to the apartment, which was known in advance to bring the said machine tank to the victim’s residence without the victim’s consent, and infringed on the said apartment parking lot, and then, the employee of the automobile insurance company towing the said vehicle parked therein.

Accordingly, the defendant invadedd the victim's residence, and stolen the above vehicle owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The acquisition, loss, or change of the ownership of an automobile, such as account transaction details, vehicle heat photographs, certificate of personal seal impression, and text message shall take effect unless it is registered;