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(영문) 대전지방법원 서산지원 2011.02.24 2010고단276 (5)

특수절도 등

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged against the Defendants is as follows.

H is the head of the party branch office of the I, and J is the operator of the K Co., Ltd. (hereinafter referred to as “Co., Ltd.”) who is a company collecting scrap metal.

1) The part of the victim L (hereinafter “victim”) is omitted.

The steel companies of the United States were in charge of transporting containers imported from steel companies of the United States and loaded to Busan port, etc. to L open storages located in Chungcheongnam-do, and H was in charge of loading and unloading in the above transportation and L open storages as the site managers of the I party branch.

H and J were able to steal L, using the fact that it is not easily discovered even if a part of the scrap metal transported, and around November 2009, H had the cargo vehicle that was to be removed before transporting the scrap loaded on the container, and had the cargo vehicle to transport the container to the place that is to be removed by the jointJ prior to the separation of the cargo vehicle, and the cargo vehicle to transport the container to the place that is to be removed by the jointJ prior to the separation of the cargo, and J had the selling customer color the mixture of the scrap metal, 2.80 won per kilogramme, and 2.5 million won per container for the composite scrap metal, and 2.5 million won per container, and h had the remainder of the profit.

1. Special larceny, special larceny, special larceny, special larceny, and attempted special larceny;

A. H, J, Defendant A (1) H, and J jointly do so, and from November 21, 2009, from the point of view of the K Camp located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, that H first transport the containers to be transported by L to K designated by J, which is an article of container freight, and Defendant A is thought that H would not cut off the scrap, but instead transport the N-container to the said K under its direction after transporting the N-container to the said K by removing the seals corrected in the container, and J may load and unload the cargo loaded by removing the seals corrected in the container.