2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

[Presumption Facts] Around November 6, 2014, the Defendant entered into a lease agreement with Korea Co., Ltd. on social services for victims of halogen, and with respect to a vehicle for Q7’s “ Q7” in the amount equivalent to KRW 110 million at the market price, 29 months, lease deposit amounting to KRW 35,430,00, monthly lease amounting to KRW 2,749,89, and around that time, the said vehicle was delivered to D on December 2014, and thereafter the said vehicle was delivered to D on December 1, 2014.

[2] On March 13, 2015, the Defendant: (a) confirmed the location of the said car using the GPS tracking machine with which the aforementioned whereabouts are unknown; (b) discovered and prepared the said car parked by the victim G at the first floor parking lot located in the Busan East-gu, Busan around March 19:35, 2015; and (c) stolen it by driving the said car with a smart key from the said car.

Summary of Evidence

1. The defendant's partial statement: Recognition of an act of bringing automobiles into the court;

1. Recording of the witness G's statement in the second public trial records;

1. Recording of a witness H's statement in the fourth public trial record;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

2. Determination as to the assertion by the Defendant, etc., of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2005Da144

1. The defense counsel asserts to the effect that the defendant did not have the intention of theft or that there was no intention of unlawful acquisition because the possessor of the passenger car as stated in the judgment of the defendant was aware that he had no legitimate right at the time of the crime.

Since larceny is established by infringing another person's possession of property, the possession in this context refers to pure de facto de facto relationship that actually controls any property.