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(영문) 인천지방법원 2015.12.10 2015고단5578
특수절도등
Text

Defendant

A shall be punished by a fine of KRW 4,000,00 and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 23, 2014, from around 16:00 to 17:00 of the same day, Defendant A stolen discovered a vehicle of HWz SLK350 which the victim G (the age of 20) was under custody at the parking lot for the State Motor Complex in Nam-gu, Incheon, Nam-gu, from around 16:0 to around 17:00 of the same day, and stolen one motor vehicle of KRW 10 million by putting on the trial operation of the said motor vehicle using the key of the said motor vehicle.

2. On November 21, 2014, at around 01:00, the Defendants made a false statement to the effect that “the borrower would bring about the vehicle,” selling Henz SLK350 cars to the victim I (the age of 24) in front of the mountain basin in Gyeyang-gu, Gyeyang-gu, Incheon, Gyeyang-gu.”

However, the defendants did not have the authority to dispose of the above automobiles since they stolen the automobiles which were kept in G.

The Defendants received 7 million won from the victim as the purchase price.

As a result, the Defendants were provided property by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some of the suspect interrogation guidelines of Defendant A by the police;

1. Each police statement of I and G;

1. Investigation report (verification as to whether J or K has permitted a suspect A to carry a passenger car);

1. Determination as to the Defendants’ assertion of the investigation report (as to whether the J has permitted A to carry a vehicle)

1. Judgment on Defendant A’s assertion

A. The summary of the assertion is that Defendant A holds a vehicle registration certificate, a certificate of personal seal impression of a registered titleholder, a statement of waiver of a registered titleholder, a statement of vehicle sale (operation) by a registered titleholder, a certificate of vehicle transfer by a registered titleholder, a statement of consent to vehicle transfer, a statement of consent to vehicle transfer, and a money car certificate, etc. (hereinafter “the document of this case”) necessary for the disposal of a vehicle stated in the facts constituting an offense (hereinafter “the vehicle of this case”). Accordingly, Defendant A is justified for himself.

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