Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 9, 2011, the Defendant sold to C a wing wing wing Co., Ltd. a wing 4.5 tons wing wing (Evidence 1) under the name of the said company, which was actually owned by C, without paying all the purchase price for the said vehicle after C, sold the said vehicle to E without paying the purchase price for the vehicle, and decided to theft the said vehicle. On May 9, 2012, at around 16:00, the Defendant confirmed in advance the place where the said vehicle was parked through C, and then stolen the said vehicle at the G parking lot located in front of the village hall in the Gyeonggi-gun F, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A copy of registration certificate;

1. A copy of the contract, a copy of the certificate of automobile transfer, and a copy of passbook transfer certificate;

1. Determination as to the defendant's assertion of D Treatmentnox 4.5 tons truck (No. 1)

1. Since the defendant's alleged vehicle was a vehicle that the defendant moved into the above company and did not transfer the vehicle to the victim, the ownership of the vehicle is not subject to larceny.

2. The Defendant was driving the said vehicle by leaving the said company.

However, barring special circumstances, such as that the defendant agreed to hold ownership of the above vehicle between the above company and the above company, the above vehicle is owned by the above company and is not owned by the defendant (see, e.g., Supreme Court Decision 2000Do5767, May 30, 2003). Thus, the defendant's assertion that the above vehicle has ownership of the above vehicle is not accepted.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;