Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant of "2017 Highly 1398" is a person who operates a motor vehicle repair business under the trade name of "D in both States C".

At around 13:00 on October 7, 2016, the Defendant did not request repair of a vehicle entrusted with repair by the victim E and B, and during the vehicle repair period, the Defendant, without permission, did not pay the repair cost of the said vehicle, opened the vehicle to the employees of the Defendant’s establishment and would bring about the said vehicle, and would bring about the vehicle after paying the repair cost of the vehicle, while the Defendant, in his hand, did fight with the victim E in order to raise the vehicle in the above vehicle which was in his hand, and used the said victim E with the damage of the said vehicle.

On September 10, 2016, the Defendant: (a) was operating a vehicle maintenance station in the name of “D” in Yangju-si; (b) on September 10, 2016, the Defendant moved from the said vehicle maintenance center to F in Seoul Northern-gu, Seoul, the Defendant’s residence; (c) operated a G vehicle to be left by the damaged person without the victim’s consent to repair; and (d) operated the said G vehicle to the said residence without the victim’s consent.

9. 12. The above vehicle was operated while serving at the above vehicle maintenance shop.

Accordingly, the defendant used the automobile temporarily without the consent of the victim who is the right holder.

Summary of Evidence

[2017 Highly 1398]

1. Partial statement of the defendant;

1. Each legal statement of witness E and B;

1. Damage photographs and CCTV video CDs;

1. References to inquiries, such as criminal history, 2017 High Court Decision 1922";

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions concerning criminal facts, Article 260(1) of the Criminal Act (the point of violence), Article 331-2 of the Criminal Act (the point of illegal use of automobiles), and the selection of each fine for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;