beta
(영문) 대전지방법원 서산지원 2011.02.24 2010고단276 (6)

특수절도 등

Text

Defendant

J A person shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for eight months.

, however, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2010 Highest 535]

1. Defendant J appealed on July 1, 2010 from the Seosan Branch of the Daejeon District Court, for the crime of special larceny and special larceny, for which the said judgment became final and conclusive around October 14, 2010.

H is the head of the Siljin Branch Co., Ltd. and the operator of the K Co., Ltd., the defendant J is the operator of the K Co., Ltd.

(hereinafter referred to as “stock company” is omitted. The victim L (hereinafter referred to as “victim”) imported from the steel company of the United States of America to be in charge of transporting containers loaded with iron containers loaded in Busan Port, etc. to Lypane located in Chungcheongnam-do, and H, as the on-site manager of the I J J branch, took overall charge of loading and unloading in the above transport and L open port.

H and Defendant J: (a) had the mind to steal the scrap of the scrap transported by L, using the fact that it was not easily discovered even if part of the scrap metal, and Defendant H had the cargo vehicle that was to be deducted before transporting the scrap loaded on the container into L, and had the cargo vehicle transport the container to the place that was to be removed by Defendant J; and (b) Defendant J sought the place where the scrap metal would be unloaded, and the cargo vehicle will turn the container into the place that was removed by Defendant J; (c) Defendant J shall color the sales customer; (d) the mixed scrap metal shall be 280 won per kilogram; (d) the mixed scrap metal shall be 2,50,000 won per kilogram; and (e) the compressed scrap container shall be calculated as 2,50,000 won per kilogram; and (e) the remainder of the profit.

Defendant

J, in collaboration with H on November 6, 2009, from “K” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and H, from “K” to “K designated by Defendant J, which is an article of container cargo, to transport a container to L to U, which is an article of container cargo, first. U shall, upon H’s instruction, transport AM cargo to the above K and then allow K employees to remove the seals corrected in the container, and the Defendant J shall load and unload the cargo loaded by removing the seals corrected in the container.