특수절도
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[2012 Highest 2620]
1. The Defendant, B, and C loaned his mobile phone to the victim who was passing with B and C, and only one person pretends to have his mobile phone, and used the mobile phone as it is, while doing so, the rest of the two persons divided the dialogue with the victim and made a sense of mind with the victim, and used them to steal his mobile phone in a way that leaves the place.
At around 19:00 on September 10, 2012, the Defendant, along with B and C, called “to use only one cell phone” to the victim F on the front of the Epier located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, and C opened one cellular phone with the victim’s market value equivalent to 500,000,000 won, which is the victim’s ownership, and C used the same cell phone with the victim’s dialogue.
B. On September 10, 2012, around 21:25, the Defendant, along with B and C, called “the victim I using only one cell phone” on the front of the H pharmacy located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, and the Defendant saw one cellular phone of an amount equivalent to 500,000 won in the market value of the victim’s ownership, and the Defendant saw B and C’s cellular phone with the victim’s telephone.
As a result, the defendant stolen the victims' property together with B and C.
2. The Defendant and the Defendant, along with the Defendant, lent his mobile phone to the victim who was passing with B, and only one person pretended to have his mobile phone, and used the mobile phone as it is, while doing so, the remaining one person used the mobile phone as it is, in order to steal the mobile phone in a way that leaves the place.
At around 20:00 on September 22, 2012, the Defendant, along with B, called “a person who uses a portable phone” on the road in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, as “a person who uses a mobile phone,” and gallon ju S2 cellular phone equivalent to 900,000 won at the market price of the victim owned by the Defendant.