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

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

Punishment of the crime

The Defendant: (a) took a loan by taking it as security on his mother’s DNA GTS vehicle; (b) took it back using a spare key to the vehicle; and (c) taken the vehicle into consideration with the intent to steals the vehicle; and (d) was aware of it.

To the E and F receive loans, I asked to see the network, and E and F responded to the request.

At around 19:00 on January 28, 2015, the Defendant: (a) borrowed KRW 20 million from the injured party after leaving the said vehicle as security; (b) borrowed KRW 18 million from the injured party in cash; and (c) transferred KRW 18 million to the national bank account (J) in the name of the Defendant’s designation; and (d) the Defendant and the E and F reported where the injured party parked on the said vehicle around the said place and parked the said vehicle at the E&5 K.

From around that time to 21:00 on the same day, the Defendant and E, and E, and F: (a) around the same day, on board the said SM5 vehicle and confirmed the vehicle parking lot of the victim, and (b) the victim observed the loading of his belongings within the said vehicle and continued to neglect the victim’s surveillance; (c) around that time, the Defendant used the reserve key of the victim’s vehicle to prepare for the loss by taking advantage of the difference in the victim’s supervision, and used the reserve key of the vehicle to be kept in KRW 13,300,000,000 for the said vehicle owned by the victim and stolen the vehicle.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the police with H (including the part concerning the H's statement);

1. A written statement of M and F;

1. Application of Acts and subordinate statutes to investigation reports (as a result of suspect A polypymp testing);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act (in agreement with the injured party, a person who causes damage shall be punished by the accused;