A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

After selling a used vehicle with a location tracking device, the Defendants planned to steal the vehicle sold by tracking its location on November 13, 2016, the Defendants sold and deliver D HG vehicle to the victim C in the vicinity of the Osan Station located in Osan Station around 15:00 on November 13, 2016, and confirmed that the said vehicle was parked in the front of the building in Gangdong-gu Seoul Metropolitan Government by a cell phone display which is linked with the location tracking device around November 14, 2016, and the Defendant A driven the said vehicle using the aforementioned key.

As a result, the Defendants conspired to steal the victim's property.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Statement made by the police against C;

1. Personal identification of various documents, such as motor vehicle registration certificates, fingerprints of theft incidents, details of mobile phone communications of A, and processes of tracking F users;

1. Investigation report (to hear the opposite statement from G H) (Judgment on Defendant A’s assertion)

1. The gist of the assertion was that the Defendant had not conspireded to commit the crime of larceny with B, and was unaware of the fact that the instant motor vehicle was sold at the time when it was brought about by driving the instant motor vehicle.

2. In light of the following circumstances acknowledged by comprehensively taking account of each of the above evidence, the defendant may sufficiently recognize the fact that he/she conspiredd to commit the larceny of the motor vehicle B and the motor vehicle of this case, so the above assertion is without merit.

① The Defendant and the instant theft crime were planned, and the process of preparing the instant larceny crime and the circumstances at the time of the crime are specifically stated.

The Defendant opened a location tracking device in his name and removed the location tracking device after cutting down the instant vehicle. The instant vehicle registration certificate of the instant vehicle before selling the instant vehicle to the victim.