A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. Around 01:00 on August 16, 2019, the Defendant illegally using a motor vehicle: (a) went to the B’s house; (b) sought the words “to drive a motor vehicle with a driver’s seat; (c) I want to drive the said motor vehicle; (d) I would like to drive the said motor vehicle; (d) I would like to drive the motor vehicle with a driver’s seat from the ward, which is owned by the victim C; and (e) agreed to view the said motor vehicle by driving the motor vehicle in the future; and (e) I would like to drive the motor vehicle in the front of the F apartment G convenience store in the Y G, Y, the Defendant’s residence, even though he was aware that he was driving the motor vehicle in the future without the victim’s permission, I would board the driver’s seat of the motor vehicle of the said D truck and walked the above E from the place to the front of the H, the victim’s residence.

As a result, the defendant conspired with E to use the vehicle temporarily without the victim's consent.

2. A special larceny: (a) on August 16, 2019, the Defendant driven D truck without the victim’s consent, as described in paragraph (1) around 02:00; (b) returned to Hasan-si, a place where the said truck was parked; (c) discovered that there was a lot of money equivalent to KRW 20,000 when the said truck was stored inside the said truck; and (d) conspired to use the said E and it to use it in dividing it with the said E, and subsequently stolen it.

Accordingly, the defendant stolen the victim's property together with E.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to photographs of vehicles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny), 331-2 and 30 of the Criminal Act (the illegal use of a motor vehicle and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the crime of this case, and to be agreed with the victim.