A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The Defendant is a person running a “D” (construction machinery rental company) located in Yeongdeungpo-gu Seoul Metropolitan Government.

The Defendant used crails, etc. to construct new apartment buildings in Pyeongtaek-si around April 201, and to construct new apartment buildings in Kimpo-si around June 201 for the victim “E Co., Ltd.” at the site of construction of apartment buildings in Kimpo-si, Kimpo-si, but did not receive the construction cost of KRW 170 million.

In this situation, the defendant had been able to bring the machinery, etc. owned by the victim in order to hear the written suit that the victim would be in default and to secure the construction cost.

The Defendant, at around February 1, 2012, loaded “G” at the site of Daejeon Seosung-gu F, and at the site of construction in order for the victim’s employees to move to the site of construction in Namyang-gu, the Defendant is deemed to be “the instant equipment” for convenience after the date of the victim’s equipment attached to the tent owned by the victim (one road, one summer-si, five scrap-type, six public trial for a set of cases, three motor vehicles, three motor vehicles for a set of cases, and two bits, etc.).

(Si) In light of the appraisal report, etc. submitted by a defense counsel, the sole evidence submitted by the prosecutor alone cannot be deemed as proven to the extent that the market value of the instant equipment “total of KRW 164 million” is beyond reasonable doubt. The evidence attached to the instant equipment B, which was loaded on the truck and transported to the “I” open-air box located in Kimpo-si H, and kept in the place.

Accordingly, the defendant stolen the victim's goods.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of the witness J, K and L.

3. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

4. Grounds for conviction of partial statement in the police statement made by J (determination of the defendant and his/her defense counsel's assertion)

1. At the time of the argument of the Defendant and the defense counsel, K, the possessor or possessor assistant of the instant equipment, took the instant equipment with the explicit or implied consent.

In addition, at the time.