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(영문) 의정부지방법원 고양지원 2015.05.29 2015고정409
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From 00:00 to 03:00 on September 5, 2014, the Defendant: (a) concealed the CFS vehicle owned by the victim from the Victim Co., Ltd., 00:0 to 03:00 on the same day; and (b) returned the damaged vehicle within the LG CD parking lot located in the PG CD parking lot located in the PPS on the same day at the PPS 04:10 on the same day, the Defendant was willing to steal the damaged vehicle by using the fact that the vehicle’s door may still go on the vehicle without leaving the vehicle in a remote manner, when the vehicle’s door is moved to the victim company while being sitting or opening the door.

Accordingly, the defendant called the victim company with the inside of the damaged vehicle to lock the door of the vehicle, and the defendant, in inside, removed the GaPS tracking device installed inside the vehicle damaged by the start, and operated it on his own.

Accordingly, the defendant stolen the vehicle owned by the victim under the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the accused prepared by the police;

1. Statement of D;

1. A report on occurrence (thief) and a request for cooperation in investigation (the defendant and his defense counsel sought that there was no intention of theft because they were used and returned the instant vehicle. A person who has the intent of unlawful acquisition necessary for the establishment of larceny refers to the intent to exclude the right holder and use and dispose of another person's goods as his/her own property. According to the evidence above, around September 5, 2014, the defendant called to the customer center at around 03:59, and taken measures to lock the door of the instant vehicle from the customer center (the defendant attempted to lock the door of the instant vehicle from the police, but did not go to the customer center, and did not go to the customer center, and made an objective statement different from the facts.

. The defendant.

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