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(영문) 수원지방법원 2017.12.12 2017고단5959
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

BMW320D Car is a lane registered in the name of the defendant and de facto related person C, and the defendant was granted a loan from an in-house credit service provider as collateral, but the above credit service provider did not repay the loan within the time limit, and the above passenger car was disposed of and distributed the above car and the victim D purchased it on June 17, 2016.

On October 27, 2016, the Defendant confirmed the location of the said car and demanded the return of it to the victim. However, the victim demanded KRW 24 million in addition to the repair cost of KRW 15.8 million, which led to a theft.

1. On October 28, 2016, the Defendant: (a) driven a theft by using a key with BMW320D car, which is equivalent to KRW 35 million in the market price, owned by the victim D, at the Taedop 102 underground parking lot located in the Gu-U.S. Sinan-Eup document book, Taedo-Eup, Seoul Special Metropolitan City on October 28, 2016.

2. The Defendant, without a driver’s license on the above day, driven the said car from the above Taedopp 102 underground parking lots to the above apartment entrance road from around 100 meters to the above apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The driver's license ledger;

1. A written petition;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to data submitted by a victim), a criminal investigation report (Attachment to a detailed statement of remittance of the purchase price of a vehicle), a criminal investigation report (Attachment to a detailed inquiry data), and a criminal investigation report (Matters confirmed by

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of section 329 of the Criminal Act), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment plus the long-term punishment for each crime);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59(1) of the Act on the Observation, etc. of Protection, Etc. is favorable to the defendant for the reason of sentencing.

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