Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On January 21, 2015, at around 15:09, the Defendant: (a) committed a theft by driving the GK9 vehicle of the non-merchant merchant G K9, which was kept in custody with the victim E-F as collateral in the same parking lot, within the Daejeon-gu Seoul Special Metropolitan City D apartment house 109, with the victim E-F as collateral, under the direction of H, who is his employee.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Recording records;

1. The original register of vehicle registration [the existence or absence of an intention of acquisition: the theft under the Criminal Act means the removal of possession by a person other than the owner's own possession against the possessor's will and the transfer of possession by him/herself or a third party. Even though an agreement or a right of delivery based on other title is recognized, larceny is established by an act of excluding possession against the possessor's will unless it is acknowledged that the possessor's explicit or implied consent was given at the time of acquisition. In such a case, there was no intention of unlawful acquisition, barring any special circumstance.

In light of the above evidence, the defendant was found to have been engaged in the above vehicle owned by Hyundai Capital Co., Ltd., against the victim E, a possessor, on the ground that he/she paid money to I as his/her creditor (see, e.g., Supreme Court Decision 2009Do5064, Feb. 25, 2010). Thus, the defendant's intent to acquire illegal profits is recognized.)

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;