A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around 10:30 on October 1, 2018, the Defendant: (a) committed a theft of the above car of KRW 100 million in the market price by allowing a towing engineer who is not aware of the fact that the victim D was not able to repay the money borrowed from the Defendant; (b) FMWX6M50D car, which was parked there, owned by the victim E, on the ground that the victim D was not able to repay the money borrowed from the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. An agreement, etc. on operating leases;

1. The defendant and defense counsel asserted that there was no intention of unlawful acquisition to the defendant at the time of this case.

The expression "the intention of unlawful acquisition necessary for the establishment of larceny" refers to the intention to use or dispose of another person's property, such as his own property, in accordance with the economic usage. Although the infringement of simple possession alone cannot constitute larceny, it is not necessary to permanently hold the economic interest of the property, it is sufficient to obtain the property regardless of the intention to acquire only the value of the property, i.e., the intention to acquire the property, or the intention to acquire the property, and even though it is for the purpose of securing the claim, the act of excluding possession against the will of the possessor, unless the possessor's explicit consent on the transfer of possession is recognized at the time of the acquisition.

According to the evidence examined by the court, although the instant vehicle was concluded under the name of the defendant, the victim entered into a lease contract with E Co., Ltd. in the name of the defendant, and paid 50 million won to the said company, and the monthly rent thereafter was occupied and used by the victim while paying.