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(영문) 의정부지방법원 2016.12.23 2016고단4737

특수절도등

Text

Defendants shall be punished by imprisonment for ten months.

Defendant

No. 3 of the evidence seized from B shall be confiscated.

Reasons

Punishment of the crime

1. Special larceny Defendants combined with each other, on October 25, 2016, at around 23:38, 2016, committed a theft of the total amount of KRW 2,00,000,00 in total seven times from around the following seven occasions, as shown in the attached Table of Crimes (1) from around the time to November 2, 2016, on the commercial point of “G” operated by the victim FF in the E market located in Dongducheon-si: (a) opened side windows; and (b) intruded into the above store; and (c) cut off the victim’s market value of KRW 675,00,000 in total, which is the victim’s market value stored in a small warehouse.

2. On October 28, 2016, Defendants in violation of the Fraud and Specialized Credit Financial Business Act conspired to purchase a new physical fitness card in the name of the victim I in Dongducheon-si, with the market price of 15,400 won, and suggesting that there was a legitimate right of use as stated in the attached Table No. 3, that the victim would pay the above 15,400 won with the above e-mail card, thereby having the victim settle the above 15,400 won, and then, from around 03:04 to 03:04 of the same day, the Defendants acquired a total of 389,200 won by using the e-mail card in the name of the stolen L and the e-mail card with the e-mail card as listed in the attached Table No. 1389,200 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police protocol of statement against M and F;

1. Each statement of L, I, N,O, P, and Q;

1. Statement of seizure of each police;

1. Reports on internal investigation (Listening to the details of counter-damage of the victim), reports on internal investigation (the confirmation of CCTV at convenience points and the special circumstances of the suspected victim), investigation reports (the investigation of CCTV at the scene of the R clothing theft), reports on field identification results, investigation reports (Attachment to CCTV-recording data in the E market), investigation reports (a report on the amount of damage inflicted by the victim F);

1. On-site photographs, CCTV screen pictures of J convenience points, details of L received cards and settlement letters, receipts using physical cards, photographs of CCTV screen pictures of convenience points, etc., respectively.