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Defendant
B shall be punished by a fine of KRW 2,000,000.
Defendant
B If the above fine is not paid, 100,000 won.
Reasons
Punishment of the crime
1. From July 7, 2016, the Defendants acquired the said vehicle by paying KRW 19.5 million as the purchase price of the vehicle to the said E, knowing that the leased vehicle was an article that cannot be sold, transferred, provided a security, etc. to another person without the consent of the leasing company, at the large exhibition-gu C and the first floor D restaurant around July 7, 2016, that the MFW520d (G) vehicle purchased from E was transferred from F without the consent of the victim H company, the owner of which was the owner.
2. No person who violates the Passenger Transport Service Act shall rent any motor vehicle for commercial use;
Nevertheless, the Defendants conspired to act in collusion with I on July 26, 2016 at a place where the war is not higher than that of the first instance.
Around July 27, 2016, BMW520d (G) vehicles acquired as described in the paragraph agreed to lease the said vehicle at a cost of KRW 2.2 million per month and on the same day, the said vehicle was delivered to the said I, which is located in the “Seoul-si, Nowon-gu, Seoul-gu, Seoul-siJ,” and then transferred the said vehicle to the bank account in the name of Defendant B, with a monthly amount of KRW 2.2 million transferred from the said I to the bank account in the name of Defendant B.
Summary of Evidence
1. Defendants’ partial statement
1. Legal statement of witness F;
1. Statements concerning E and Defendant B in part of the protocol of interrogation of suspects by the prosecution;
1. Statement made by the prosecution with respect to F;
1. Copy of the police statement concerning K;
1. Application of the statutes to the extent that the Defendants did not recognize the fact that the instant vehicle was stolen in light of the fact that the Defendants did not at all agree to the fact that the instant vehicle was provided as security from the owner of the instant vehicle or the lessee, etc., although the Defendants did not know that the instant vehicle was stolen, a copy of the automobile registration certificate, a certificate of personal seal impression, a transfer/acquisition agreement, a car loan agreement, and a description of transactions of the instant vehicle.
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;