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(영문) 대구지방법원 서부지원 2014.09.17 2014고정366

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

The defendant, who is in dispute with the relationship of claims and obligations, had the victim C, who had purchased or registered a bill in the name of the defendant and used it, had the victim's market price in the amount of KRW 5 million in arrears, and had the victim's right to pay the D. P.

On December 22, 2013, at around 22:57, the Defendant entered the apartment parking lot in Daegu-gu, Daegu-gu, where the victim resides, and confirmed that the said vehicle was parked, and had the owner run the “F” key, and made the said vehicle manufacture the key, and used the key.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of investigation reports (heat G and the suspect's counterpart investigation) and investigation reports (in addition to field CCTV photographs) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the defendant and his/her defense counsel's assertion under Articles 32(1) and (2) and 25(3) of the Act on Special Cases Concerning the Rejection of Action, etc. of Application for Compensation

1. The acquisition and loss of the ownership of a motor vehicle by the registration of the acquisition and loss of the ownership of a motor vehicle that the defendant was the owner of a motor vehicle and lent the motor vehicle to the victim has its effect, and, in principle, the ownership cannot be acquired not only in the external relationship, but also in the internal relationship between the parties, unless the registration is made. However, in special circumstances where the parties agree to hold the ownership of the motor vehicle by a person who is not the owner of the registered

(see, e.g., Supreme Court Decision 2012Do15303, Feb. 28, 2013).