The defendant shall be innocent.

1. On September 8, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor for fraud, etc. at the Suwon Friwon, and the judgment became final and conclusive on September 11, 2017.

The defendant is between the victim C and his relative.

On September 1, 2016, the Defendant, at around 13:00 to 14:00, tried to steals a vehicle owned by the victim (Gpool S) within the Fac shop near E located in Suwon-si E located in Suwon-si, and met with a name of female-friendly Gu that took the vehicle insurance to the victim.

In addition, the victim is moving to female-friendly districts and the vehicle is leased, and the vehicle has been operated by receiving the key of the vehicle.

Therefore, the defendant, who is the victim's market value, was stolen by taking one vehicle amounting to 35,000,000 won.

2. Determination

A. The evidence as shown in the facts charged of the instant case includes a statement made in the investigation agency of C as to the details of the theft and recovery of the damaged articles, and a photograph of the damaged articles.

However, for the following reasons, the statement made by C to the investigative agency is not reliable, and the evidence submitted to the other prosecutor, such as the photographic of damaged articles, is insufficient to recognize the facts charged in the instant case.

1) C) On September 1, 2016, the Defendant stolen an automobile of Pospoon to the Republic of Korea.

October 28, 2016 reported to the police.

However, upon examining the details of the Defendant’s account transaction, C deposited KRW 12 million to the Defendant on September 26, 2016, and the Defendant deposited KRW 8 million to C on September 27, 2016.

It is difficult to understand that he/she did not receive any return of the vehicle from the other party because he/she stolen the vehicle of an amount equivalent to 35,000,000 won in the city and did not receive any return of the vehicle from the other party.

2) From this Court, C has leased the vehicle to the police to the Defendant, on condition that the Defendant would transfer the name after receiving KRW 2 million each month for one year after receiving the payment of KRW 2 million per month, but the Defendant did not contact with the Defendant and reported the Defendant to the police to find the vehicle, and the contact with the Defendant later is excessive.