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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendants, at the time of taking a vehicle as stated in the facts charged, have awareness of the existence of 1.60,00 won in cash in the above vehicle, such as clothes 1,00 won in cash, registration certificate, certificate of seal imprint, power of attorney, etc., and thus, the intent of larceny was recognized. In light of the fact that the Defendants returned the above goods to the victim after the mold, the Defendants were also recognized as illegal acquisition.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted this part of the facts charged.
B. The sentence sentenced by the lower court (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 700,000) is too uneased and unreasonable.
2. Determination
A. 1 Determination as to the assertion of mistake of facts 1) The summary of the factory office Defendant A purchased a Dbenz car and registered a motor vehicle in the name of E, and Defendant B was aware of the fact while selling a used motor vehicle as Defendant A.
Defendant
A on December 23, 2014, a car was lent to F on the same day, but the car was missing on the next day.
On the other hand, the said car was transferred to I through the name in boxes, 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 20:00 of that day, Daegu around 20:0 of that day and to bring the said car to the injured party.
Accordingly, on October 6, 2015, Defendant B operated the said car that the victim parked on the front of the Ma in Daegu Nam-gu L, Daegu-gu L, and the automobile key received from Defendant A, with the starting line.
As a result, the Defendants conspired to act on 160. 160.