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(영문) 대구지방법원 2014.04.15 2014고단1040

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 22, 2013, the Defendant was sentenced to a suspended sentence of one year for special larceny, etc. in the branch court of the Daegu District Court on the 30th of the same month.

1. The Defendant, in collaboration with C and D on May 28, 2013, discovered the Victim F's GOtobabababa in Daegu-gu E from May 28, 2013 to 09:00 on the following day, and D and C reported the network, and the Defendant used the key in advance and stolen it by driving.

2. On June 1, 2013, the Defendant conspiredd to dispose of a two-wheeled vehicle use disuse certificate and a vehicle transfer certificate forged by D, as if the Plaintiff had a right to normally register the transfer of a two-wheeled vehicle, as above, with C and D, and posted a notice to the effect that “I PC will sell heavy-to-land PC” on the NA bulletin board of the NAV from the NAV bulletin board, and then made a false statement to the victim K who had contacted with D by reporting the notice to the effect that “I PC will sell them on face.”

However, the above Oba, as stated in the above paragraph 1, was stolen, and the documents necessary for the registration of transfer were forged D, so even if they were paid from the victim, there was no intention or ability to transfer the ownership of Obaba.

The Defendant, in collusion with C and D, by deceiving the victim as above, received KRW 1 million from the victim under the pretext of Obaon price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Statement of the police statement to K;

1. A statement of F and K;

1. Previous convictions in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgment);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Facts No. 1: Article 331(2) and (1) of the Criminal Act;

B. Facts No. 2 of the ruling: Articles 347(1) and 30(Selection of Imprisonment) of the Criminal Act.