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(영문) 대구지방법원 2016.12.14 2016고정1499
절도
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person registered under the name of E by purchasing a D-W sport car, and the defendant B is a person known in the course of selling a used motor vehicle as the defendant A.

Defendant

A, on December 23, 2014, lent the said car to F, but the said car became missing on the following day.

On the other hand, the said car was delivered to I through the name-free box, G, and H, and the victim J lent KRW 20,900,000 to I and K on March 4, 2015, and operated the said car as security.

Defendant

A on October 5, 2015, from members of the Convenz Association in Daegu on the contact that the said car was in operation in Daegu, and instructed the Defendant B to get off the said car from Daegu around 20:00 on that day along with the Defendant B and to bring the said car to the victim.

Accordingly, around 11:40 on October 6, 2015, Defendant B operated the said car parked by the victim on the front side of the Ma in Daegu Nam-gu L, Daegu-gu L, and the automobile key received from Defendant A to the starting line.

As a result, the Defendants conspired and stolen the said car.

Summary of Evidence

1. Some statements made by the prosecutor in the suspect interrogation protocol against the Defendants

1. Statement to J police officers;

1. A written statement;

1. Each complaint;

1. Investigation report (related to the vehicle register) and the vehicle register;

1. Investigation report (to be accompanied by a photograph of a benz vehicle in South-gu L), photograph;

1. Report of investigation (related to the attachment of Kakao and telephone records sent and received between the defendant, A and benz club members), photographs of the contents of Kakao and telephone conversationss;

1. Investigation report (to listen to the N phone statement of a benz club member), investigation report (to listen to the statements by a counter phone of benz club member);

1. Application of Acts and subordinate statutes to investigation reports (investigation into moving circumstances after discovery of benz vehicles);

1. Relevant Article 329 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The order of provisional payment;

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