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(영문) 수원지방법원 성남지원 2017.07.19 2017고단1387
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is the so-called “vehicle scrapingler” in which the vehicle subject to scraping is mediated by and received for the vehicle scraping recycler, and B is the vehicle scrap recycling contractor operated by C.

No person, other than a motor vehicle scrapping business operator, shall collect or collect motor vehicles subject to scrapping for his/her business purposes, or arrange the motor vehicle dismantling business operator to do so.

Nevertheless, the Defendant around 11:57 on May 26, 2016, in the vicinity of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, through scraping D, to E, who is an employee of the said B, “F in front of the Yeonsu-gu Incheon.”

Transmission of text messages containing “Towing”

In return, the above E had H as a director of H, and had J white ma towing the freight vehicle registered in the name of H, and received KRW 600,000 from the above C through the above E in return.

2. A thief, May 26, 2016, the Defendant: (a) committed theft by having H arbitrarily towed a cargo vehicle as described in the foregoing 1. paragraph (1) on the front of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; (b) on the road, the market value of which the victim I parked on the road side, without the victim I’s consent; and (c) caused H to do so without the victim’s consent.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to K, I, H, and C;

1. The register of chassiss and the register of motor vehicles;

1. A CCTV-cape of a control center;

1. Application of Acts and subordinate statutes governing certificates of vehicle storage;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that prescribes the choice of punishment (a point of Section 329), Article 79 subparagraph 14-2 and Article 57-2 of the Automobile Management Act (a point of collection, brokerage, etc. of motor vehicles by a person who is not a motor vehicle scrap recycler), and choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspended execution (the fact that the victim agreed with the actual victim and the circumstances leading to the theft of this case are the primary sentencing factors, and the age of the defendant.

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