특수절도
Defendant
A Imprisonment with prison labor for a year and two months, and for a defendant B, for eight months, respectively.
Punishment of the crime
[Criminal Records] Defendant A was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on May 26, 2016
6.3. The judgment becomes final and conclusive, and on October 13, 2017, the probation period is currently under the period of suspension of execution, which became final and conclusive on October 21 of the same year after having been sentenced to two years of imprisonment with prison labor for special larceny, etc. in the same court.
[2] The Defendants, as a friendly family member, become aware of the victim E through a return meeting on the Internet, and he was able to use the victim E from the damaged party on July 29, 2017.
In K5, cash was found in the K5 passenger cars and it was thought that they will be stolen.
around 21:00 on July 29, 2017, the Defendants were parked in the public parking lot located in the Gwanak-gu, Seoul Special Metropolitan City, Gwanak-gu, 98, Defendant A was on the driver’s seat, and Defendant B, who was seated in the west, called “the cash has been confirmed inside the bank located on the steering floor,” and Defendant B, upon the direction of Defendant A, collected KRW 4 million, KRW 3,700,00,000, which is the cash owned by the victim within the above bank ( KRW 1,103,000, KRW 4,081,100, which is the most favorable exchange rate for the Defendants among the exchange rates at the time), including USD 8,081,100,000, which is the sum of KRW 1,081,100,000, which is the exchange rate for the Defendants.
L. A. L. theft was committed.
As a result, the defendants stolen the victim's property together.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police for E;
1. Investigation report (Review on the exchange rate at the time of the case);
1. Previous convictions in judgment: A response to inquiries, such as criminal history, report on investigation (Attachment to the previous convictions) and application of each written judgment-related statute;
1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Handling concurrent crimes (Defendant A) after Article 37 of the Criminal Act: Provided, That Article 39 (1) shall apply;
1. Scope of the recommended sentencing guidelines on the grounds of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (defendant B);
1. Defendant A [the scope of recommended punishment] The aggravated area (one month to two years) of the two types of theft for general property (general larceny).