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(영문) 울산지방법원 2019.06.05 2019고단215
특수절도
Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of one million won, respectively.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered with Defendant C shall file an application for registration of the transfer of ownership with the Mayor/Do Governor;

In August 2017, 2017, the Defendant purchased DM5 automobiles via the Internet at the scopic area in Ulsan-dong, Ulsan-gu, Busan-do, Busan-do, and did not apply for registration of the transfer of ownership of a motor vehicle by September 23, 2017 without justifiable grounds.

2. Defendants A and B conspired to steal the said car operated by the victim with the victim’s wage problem and the obligation relationship with the victim and dispose of it through the Internet used vehicle transaction site.

The Defendants jointly joined, around 02:01 on September 23, 2017, at the Ulsandong-gu E Studio parking lot, Defendant B reported to the network, Defendant A, the victim parked at that place, had a starting-dong in an amount equivalent to KRW 10 million at the DM5 car market price owned by the victim, and the Defendants were on board and drive the said car.

As a result, the defendants stolen goods owned by the victim together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of the defendant C and B

1. Each police suspect interrogation protocol against Defendants B and A;

1. Each police statement concerning C and F;

1. Investigation report (verification of CCTVs at the scene of crime);

1. A report on investigation (Attachment of D detailed statement of investigation);

1. Records of seizure and the list of seizure, vehicles and photographs of keys;

1. Application of Acts and subordinate statutes to investigation reports (a copy of documents, such as DM registration certificate and certificate of personal seal impression);

1. Article 331(2) and (1) of the Criminal Act applicable to the crime A and B: The defendant C: Article 81 subparagraph 2 of the Motor Vehicle Management Act and Article 12(1) of the Motor Vehicle Management Act;

1. Defendant A and B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant C at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants A and B of the suspension of execution: Article 62 (1) of the Criminal Act;

1. Defendant C of the provisional payment order: Article 334(1) of the Criminal Procedure Act.

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