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(영문) 대구지방법원 2017.02.03 2016고정1815
절도미수등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of ownership;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership of the said motor vehicle without justifiable grounds even though he/she acquired Dunst motor vehicle from the Buddhist Party B in the B in the B in the B in the B in the B in the B in the B in the 2014.

2. The defendant who has violated the Guarantee of Automobile Damage Compensation Act shall be prohibited from operating a motor vehicle on the road which has no mandatory insurance policy and is not covered;

Nevertheless, on December 4, 2015, the Defendant operated the foregoing vehicle over 46 times in total, as shown in the list of crimes in attached Form, between around 05:00 and April 29, 2016.

3. On December 4, 2015, the Defendant: (a) around 05:00, the Defendant: (b) was aware of the victim G, which was placed in custody, of trees of an amount equivalent to KRW 300,000,00 of the market price of the victim G, which was a tent cover with the Fluxa, in his/her possession; and (c) was aware of the victim’s attempt to transfer it to the vehicle loaded in a DNA rocketing car and operated by himself/herself.

Accordingly, the defendant did not commit a theft of property owned by the victim, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of H and I;

1. All on-site photographs;

1. Reports on internal investigation (the outline, etc. of the case);

1. Investigation report (Confirmation of data, such as vehicle crackdown),

1. Investigation report (Inquiry into whether a vehicle used for committing an offense is insured), investigation report (Inquiry into the wheel of Dunst vehicle);

1. Application of the investigative report (verification of the operation of a suspect A)-related statute;

1. Automobiles which are subscribed to mandatory insurance, under Article 81 subparagraph 2 of the relevant Act and Article 81 and Article 12 (1) of the Automobile Management Act (in cases where the transfer of ownership is not made after the acquisition of a motor vehicle), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of automobiles which are not mandatory insurance);

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