Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On January 19, 2013, the Defendants of special larceny came to have a three-distance safety zone in front of Sacheon City around 00:40, and Defendant B reported the network side by Defendant B, and Defendant A, when the victim D loaded 4.5 tons of cargo, set up one “baler” (2002 model) equivalent to KRW 2.3 million at the market price of the victim’s ownership, and made preparations in advance by using the difference in returning home, and loaded 1 ton of cargo vehicles with the 2.3 tons of cargo.

As a result, the defendants stolen the victim's property together.

2. On January 18, 2013, Defendant A operated the said F1 ton cargo vehicle from the garage located in J at Jindo-si to the place indicated in the said paragraph (1) on January 22, 2013, and committed larceny as stated in the said paragraph (1), and returned to the garage again, and driven 50km without obtaining a driving license.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Written statements of D;

1. Each report on investigation;

1. Application of the Motor Vehicle Driver's License Register Act and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

B. Defendant B: Article 331(2) and (1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., that the accused is against the victim and that there is an agreement with the victim) for discretionary mitigation;

1. Article 62 (1) of the Criminal Act for a suspended sentence (the same conditions as the above shall be repeatedly considered);

1. Article 62-2 of the Criminal Act of each community service order;