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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단1131

특수절도교사등

Text

Defendant shall be punished by imprisonment for a term of two years and six months, and a fine of 500,000 won.

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

Reasons

Criminal facts

1. On January 2012, the Defendant: (a) while engaging in a trading business of smartphones around 2014 and around 2012, had another person steals smartphones and purchased it at low prices; and (b) had another person take profits from selling it using another device.

특수절도교사 피고인은 2012. 2. 중순경 고양시 덕양구 C에 있는 피고인의 집 안에서, D에게 “돈 주고 시키는데 왜 안 한다고 하냐. 휴대폰을 훔쳐 E이에게 가져다주라.”라고 말하고, 계속해서 2012. 2. 20.경 피고인의 집에서, F(D을 통해서 알게 된 후배)에게 “D네 패거리가 있는데 걔들이 휴대폰 매장을 털면 니가 운전 좀 해라.”라고 말하여, D, F이 휴대폰을 절취할 것을 마음먹게 하였다.

Accordingly, D and F together with G and H, around 04:40 on February 23, 2012, at around 04:4:40, 2012, D and H used in Eunpyeong-gu Seoul, “K” store operated by the victim J, and D and H reported the network, and G used a cell phone with a cell phone by destroying the glass door, and F used the vehicle to load D, H and H, and H, with a method of escape, by driving the vehicle on the vehicle, and thereby cutting off the cell phone and accessory parts (total market value of KRW 4,910,00).

In addition, the Defendant instigated D and F to steal the cell phones and accessories owned by the victims at least seven times from February 19, 2012 to March 4, 2012, as shown in attached Table 1, together with other friendships.

B. The Defendant acquired stolens as follows in collusion with E. The Defendant acquired stolens as follows. On February 19, 2012, the Defendant, in collusion with E, purchased mobile phones and accessories owned by D, the victim N of the stolen victim (a total of KRW 13 million) from D, despite being aware of the fact that they were stolen, KRW 2 million and purchased the stolens.

In addition, the defendant, from March 4, 2012 to March 4, 2012, as shown in attached Table 2, from D every five times.