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(영문) 대구지방법원 2017.11.10 2017고정1303
절도등
Text

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

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

Reasons

Punishment of the crime

On May 10, 2016, the Defendant sold to the victim C 1 ton cargo vehicles registered in the name of the Defendant’s wife D, and received part of the purchase price and delivered the said cargo vehicle to the victim without transfer. However, as a result of disputes arising from the difference in the purchase price between the victim and the victim, the Defendant did not look at the registration number plate of the said cargo vehicle in order to prevent the victim from operating the said cargo vehicle.

On November 2, 2016, the Defendant, in front of the victim's house located in Daegu-gu, Daegu-gu, Daegu-gu, about 14:00, took the front of the victim's house, and the car registration number plate attached to the vehicle, except where the Mayor/Do governor obtained permission, and where there are special provisions in other laws, the Defendant left the front of the above cargo vehicle parked at the same place, and later removed the car registration number plate.

Accordingly, the Defendant stolen the registration number plate of the vehicle of the truck owned by the injured party, and detached the registration number plate of the vehicle without obtaining permission from the Daegu market.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to a motor vehicle registration certificate, certificate of seal imprint, register of motor vehicle registration, investigation report (examination of change of rate), investigation report (examination of whether the establishment of a crime of violating the Motor Vehicle Management Act is established) and investigation report (referring to G with a witness and telephone conversation);

1. Relevant legal provisions of the Criminal Act, Article 329 of the Criminal Act, Article 81 subparagraph 1 of the Automobile Management Act, and Article 10 (2) of the Motor Vehicle Management Act (the removal of an unauthorized motor vehicle registration number plate), and the choice of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the Defendant agreed with the victim to sell the instant cargo at KRW 1 million, the Defendant received only KRW 500,000 out of the purchase price and subsequently transferred the instant cargo to the victim.

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