beta
(영문) 부산지방법원 2020.01.09 2019고단2244

절도

Text

All the Defendants shall be punished by imprisonment for one year.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around February 16, 2016, purchased a freezing of C6.5 tons (hereinafter “instant vehicle”) and operated the instant vehicle to D Co., Ltd. on March 10, 2016, and Defendant B is the spouse of Defendant A, who was the actual user of the instant vehicle.

The Defendants, around October 2016, while running the instant vehicle and running the freight transport business, bear the expenses of the various taxes and the maintenance of the vehicle needed for the operation of the instant vehicle as well as the payment remaining in the instant vehicle. When the victim completely pays the remaining installments, the Defendants transferred the instant vehicle business right to the instant vehicle to the victim on the condition that the ownership of the instant vehicle is transferred in the name of the victim, and handed over the instant vehicle to the victim.

On August 2018, the Defendants conspired to arbitrarily recover and dispose of the instant vehicle as the victim refused to pay the installment and insurance premium of the instant vehicle since around that time, due to disputes, such as the settlement of taxes in arrears, etc., the Defendants opened a new door of the instant vehicle that was parked in the G Trading Tri-gu Seoul Special Metropolitan City on October 21, 2018 by using the preliminary heat that had been corrected by the Defendants, around 16:53, 2018, and driven the instant vehicle to the G Trading company located in Yangsan City F.

As a result, the Defendants conspired with D Co., Ltd., owned by the victim, and the victim’s market value of the instant vehicle and the instant vehicle installed on the victim’s possession is equal to KRW 5 million, which is a distance of KRW 1,500,000 from the market value of KRW 6,500,000.

One, one partitions equivalent to the market value of 80,000,000 won, one tool (including washing machines) equivalent to the market value of 5,000,000 won, two fireproof works equivalent to the market value of 3,50,000 won, 1,20 V 1,800,000 won, and one GPS equivalent to 3,50,000 won.