A defendant shall be punished by imprisonment with prison labor for up to 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.

Punishment of the crime

On April 25, 2014, the injured party C lent KRW 500 million to Defendant-type D’s operating funds to establish F station in Seo-gu Incheon, Seo-gu, Incheon, by having Defendant as an employee, engaged in oil mobile sales business using G tank vehicles, etc. owned by the injured party, and paid a fine as it was controlled by around July 2014 as a violation of petroleum and petroleum substitute fuel business, it would be likely that the F station suspension order will be imposed if the case is re-exploded, and the ownership of the above vehicle was transferred to the Defendant for convenience around August 12, 2014.

Although the Defendant demanded D to repay the money borrowed, the Defendant demanded D to transfer the gas station to the victim as he did not receive repayment, but did not comply with the demand.

Accordingly, the Defendant brought the said vehicle at will to carry on oil mobile sales business, etc.

On March 30, 2015, the Defendant, at around 11:30 on March 30, 2015, driven one motor vehicle of the 36 million Won in the market price, G M in the T-Tank, which is owned by the victim, without the consent of the victim, despite the detention of the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of the witness D;

1. Statement made by the police with H;

1. Application of statutes governing judgment;

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

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

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders

1. According to the records, the following facts can be acknowledged.

A. On April 25, 2012, the victim loaned KRW 500 million from D, who was the Defendant’s punishment, to operate the F station. D around that time, served as an employee of F station from April 2014, and the Defendant as an employee of F station.

On April 27, 2012, the victim is a G tank from I.D.