A defendant shall be punished by imprisonment for not less than eight 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 May 25, 2020, the Defendant immediately heard the fact that there was cash of KRW 100 million in the CMW car, which is owned by the injured party, from the injured party B, who is located in the U.S. adjacent to Guro-gu Seoul at the time of noon, at the time of May 25, 2020. In order to bring about KRW 100 million in cash, while driving the car upon the injured party's request from the injured party to leave the vehicle after the injured party's back to the Seo-gu, Seo-gu, Seo-gu, Busan at the time of noon, and then driving the above car by using the difference of the victim's later to take advantage of the difference in the number of 10 million in cash, and temporarily using the vehicle without the injured party's consent.

If there is no concern that the defendant's exercise of his/her right to defense may be seriously disadvantaged within the extent consistent with the facts charged, the facts charged can be recognized ex officio without changing the indictment (see Supreme Court Decision 2008Do2409, Sept. 11, 2008, etc.). As seen in the judgment of innocence, the facts charged in this case include the fact that the defendant used the victim's motor vehicle temporarily without permission without permission, and the defendant asserts that it constitutes illegal use of the motor vehicle by himself/herself and there is no risk of causing disadvantages to the exercise of his/her right to defense. Thus, the crime of illegal use of the motor vehicle is recognized ex officio.

Summary of Evidence

1. Statement by the defendant in court;

1. B Written statements;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, a list of cases reported in 112, and a report on internal investigation (such as discovery of damaged vehicles, etc., concerning the analysis of booms of victim vehicles, and CCTV in a place where a damaged vehicle is discovered, and tracking of mobile routes);

1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (absent, ad hoc of imprisonment), Article 331-2 of the Criminal Act (an illegal use of a motor vehicle, ad hoc of imprisonment) increased by concurrent crimes under Article 37 of the Criminal Act, and Article 38 of the same Act.