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의정부지방법원 2017.11.08 2016고단4523

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.


Punishment of the crime

The defendant is the actual operator of C Co., Ltd.

On August 28, 2013, the Defendant borrowed KRW 35 million from the network and paid interest at 3% per month. The Defendant prepared a “vehicle use certificate” to enable D to occupy and operate the said dump truck after offering the Eump truck owned by C Co., Ltd. (hereinafter “C”) as security to D. On May 23, 2014, the owner of the said dump truck was changed from C to F (hereinafter “F”) and on April 8, 2015 to G Co., Ltd. (hereinafter “G”).

Of that, the Defendant stated D as “23 million won,” but according to the evidence records Nos. 33, 54, 55, and the back of 55, the Defendant paid KRW 26 million to D in the name of C twice. Such facts are favorable to the Defendant, and are irrelevant to the requirements for the composition of the larceny of this case, and thus, are modified ex officio.

Many dump trucks were stolen on May 21, 2015 when the remainder was not repaid. D's death on May 21, 2015.

On May 2015, the Defendant used a auxiliary key possessed by the victim I, a bereaved family member of the network D, at the entrance road of the He apartment of Y in Macheon-si, Mancheon-si, Mancheon-si, and stolen the victim's surveillance neglected.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the examination of suspect to partially examine the accused;

1. A protocol concerning the suspect interrogation of some of the police officers against the defendant (including part of the J's statement);

1. Statement made to I by the police;

1. Each investigation report (to hear statements, to make statements, to the complainant I and to make a telephone report);

1. Removal certified copies, copies of a death certificate, cash storage certificate, loan certificate, vehicle use certificate, transfer confirmation, transaction details, construction machinery registration ledger (the defendant shall be dump truck (hereinafter referred to as "eump truck") around May 2015;