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(영문) 인천지방법원 부천지원 2017.11.24 2017고정964

절도

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around 08:00 on August 7, 2016, the Defendant: (a) discovered and sentenced to theft the E-A7 car car volume in the name of Korea for the halogic Social Services Co., Ltd., Ltd. in the possession of the victim D (32 32 , South) who was parked in C hotel No. C in Seocheon-si B.

Therefore, the defendant opened a motor vehicle driver's seat and opened a driver's seat by using the front vehicle auxiliary key, and he left the vehicle with the driver's seat and left it to the fluence.

Accordingly, the defendant stolen the above vehicles in the market price under the name of Korea in the name of halogen Social Services Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D, F and G;

1. A detailed statement of transactions by account;

1. Stenographic records;

1. Application of Acts and subordinate statutes to photographs of Dozed vehicles, and photographed places of theft of Dod vehicles;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that at the time when the Defendant was to leave the instant vehicle to the victim as security, the victim was driving the vehicle in violation of this provision and parked the vehicle illegally, and the Defendant was found. Therefore, there was no intention of larceny on the part of the Defendant.

2. According to the Criminal Act, theft means the removal of possession of a person other than himself/herself from possession against the will of the possessor and the removal of possession to his/her or a third party. Even if the right to claim delivery, etc. based on the agreement is acknowledged, larceny is established by excluding possession against the will of the possessor, unless it is acknowledged that the possessor explicitly or implicitly consented to the transfer of possession at the time of possession. In such cases, larceny is established by excluding possession against the will of the possessor.