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(영문) 부산지방법원 2018.08.20 2018고단1350

특수절도

Text

1. The defendant A shall be punished by imprisonment for a period of four and a half years;

2. Defendant B shall be punished by imprisonment for a year and four months;

3. Defendant C shall be punished by imprisonment.

Reasons

Punishment of the crime

Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court on November 5, 2014, and on May 13, 2015, the execution of the sentence was terminated at Daejeon Prison on November 4, 2015. On December 28, 2016, Defendant A was sentenced to two years of suspension of execution for six months of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Incheon District Court on December 28, 2016, and the judgment became final and conclusive on January 5, 2017.

[Criminal facts]

1. Defendants A, B, and D jointly commit special larceny, including Defendant A, and D, and they conspired to commit theft by: around June 2017, by purchasing gold bars from Hong bean in order to search for persons who want to sell them in Japan; and by introducing measures to transport gold bars included therein after accessing them to those persons; and by introducing them.

According to the above conspiracy, Defendant A and D play the role of comprehensively taking charge of all the crimes, including E, F, G, and H as a means of transport of gold bars, who are female employees of the main place known to the general public; and Defendant B took the role of introducing beforehand a means of transport of gold bars, E, F, G, and H, as if they ordinarily transport gold bars, by deceiving a transport client, and transporting gold bars to an overseas public port; Defendant B took the role of delivering gold bars from overseas, E, F, G, and H to Defendant B again by receiving gold bars from Korea; Defendant B took the role of disposing of the gold bars received from J through this mother, who resides in Japan, who is a resident in this case.

Defendant

A, together with D, from L, who is a police officer of early July 2017, the victim M, who is a victim, to the airport of Japan at the international public port of Incheon, shall transport gold to the airport of Japan.