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 becomes final and conclusive.

Punishment of the crime

On March 6, 2017, the Defendant: (a) infringed upon the victim D and E, etc. in Kimcheon-si, who worked in the F plant jointly operated by the victim D and E; and (b) infringed upon the victim’s G car, who was kept in custody, to be the victim’s possession.

1. On May 17, 2017, at around 15:35, 201, the Defendant: (a) carried in the F factory to receive money lent to E; (b) cut the locks prepared in advance using any cresh; (c) cut off the locks corrected in the warehouse door to the warehouse; and (d) intruded the inside; (b) carried out the operation of the said G G owner, who was in custody of the victim’s key.

Accordingly, the Defendant destroyed and damaged locks equivalent to 5,000 won at the market price of the victim and intruded into the managed structure, and stolen the victim's market price of 12 million won at the victim's market price.

2. The Defendant violated the Construction Machinery Management Act without obtaining a construction machinery pilot license on the day and night as indicated in paragraph (1), and driving the said vehicle, which was the construction machinery stolen at approximately 1km section from the above factory to the I factory located in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Seizure records;

1. Domestic investigation reports (in cases of attaching on-site photographs, etc.), investigation reports (in cases of prices of damaged objects), investigation reports (J statements), investigation reports (in cases of attaching photographs of cut objects);

1. Application of statutes on contracts;

1. Relevant Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and the main sentence of Article 26 (1) of the Construction Machinery Management Act (a point of operating construction machinery without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.