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(영문) 춘천지방법원 원주지원 2016.02.16 2015고단1127

절도

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, the execution of punishment against the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who works as a salesperson at a mobile phone sales store in the name of “J” located in “J”, which is operated by the victim H.

On May 7, 2015, the Defendant: (a) took advantage of the gaps in which there was no victim; (b) took advantage of the gaps in the “J” store; (c) took advantage of the gap in which there was no victim; and (d) took a 789,800 Aphone 61 of the market price owned by the victim.

In addition, from that time until August 24, 2015, the Defendant stolen 15 mobile phones equivalent to the total market price of 13,263,800 won owned by the victim over 15 times, as indicated in the List of Crimes (1) in the foregoing manner.

2. Defendant B is a person who operates a store with a trade name called “L” under Article 205 of the K Building 205 at the prime city.

On May 11, 2015, the Defendant purchased 570,000 won from the victim H, which he stolen from the above “L” store as referred to in paragraph (1), and acquired 789,800 won of the market price owned by the victim H, while being aware that it is an stolen.

From that time until August 18, 2015, the Defendant purchased 11 mobile phones of 9,794,400 won in total from the market price of the victim H owned at KRW 5,845,00 for 11 times, as indicated in the List of Crimes (2) in the foregoing manner between the Defendant and the Defendant from that time until August 18, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to H, M, or N;

1. Each statement of H and B;

1. Voluntary submission of a protocol of seizure, list of seizure and list;

1. An application for sales of phones and photographs of mobile phones;

1. A detailed statement of the entry and departure of bankbook;

1. Application of Acts and subordinate statutes on purchase certificates, contracts for sales of mobile phones and contracts for sales of mobile phones;

1. Relevant Articles of the Criminal Act and A: Defendant A who has the option to commit the crime: Article 329 of the Criminal Act; Article 362(1) of the Criminal Act; Article 362(1) of the Criminal Act; and each choice of imprisonment;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants: Suspension of execution.