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(영문) 대전지방법원 천안지원 2013.08.29 2013고단821

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 700,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[2013 Highest821]

1. Defendant A:

A. From around 02:00 to 04:00 on May 27, 2013, the victim’s cell phone was stolen on nine occasions as indicated in the attached Table 1, including a theft of one gallon 2 smartphone at the market price of 400,000,000.

B. On May 24, 2013, around 12:00 to 01:00, in the second line from the Seo-gu, Seo-gu, Seo-dong Ministry of Labor and Ministry of Labor, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon-si, the victim G obtained one unit of S3 smartphone when the victim G lost, and did not take necessary procedures, such as returning it to the victim, and embezzled the property that he/she had possession of the victim.

2. At around 10:00 on May 27, 2013, Defendant B: (a) received a request from A to sell one of S2 smartphones at the gallon city in the market price of the victim’s name unclaimedly owned by A; (b) known A of the fact that the aforementioned smartphones are stolen, he/she knowingly known that it is stolen, and then notified A of the number of the unclaimed boxes, stating that “the purchase of heavyphones” was “the purchase of heavyphones” on the Internet J car page; and (c) sent a stolen mobile phone using the Defendant’s mobile phone, he/she arranged the transfer of stolen goods over five occasions, such as the attached list 2, by informing the infringer of the “number and time of arrival of the cargo waybill” using the Defendant’s mobile phone.

[2013Kadan896] Defendant A did not own real estate in Gyeongnam-do and did not want to operate the PC bank, and even if it borrowed money from the victim, Defendant A did not have the intent or ability to repay it. However, around June 2, 2012, in the Chinese restaurant called "L" located in Haan-si, Haan-si, the victim M lent KRW 50,000,000 to the victim M as it was urgently required to repay his/her obligations, and it was operated by the PC bank.