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(영문) 서울남부지방법원 2012.09.11 2012고단532

특수절도

Text

Defendant

A Imprisonment with prison labor for 10 months, for 6 months, and for 8 months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the president of Yeongdeungpo-gu Seoul Metropolitan Government, who is engaged in mid-term rental business, and Defendant B is an engineer of equipment belonging to the above company and an infant of Defendant A, who is engaged in financial management, etc., and Defendant C is the head of the site office belonging to the above company, who is engaged in the work of field management, etc.

While the Defendants extracted aggregate with the permission of the victim from the victim G management land located in the Leecheon-si F (hereinafter referred to as "the site of the main construction site") in order to gather and sell aggregate on April 15, 2008, the period of permission for the removal of aggregate.

From April 16, 2008 to April 21, 2008, the Defendants: (a) instructed Defendant C and B to continue to extract aggregate; (b) bear the cost of extraction; (c) Defendant B, while managing the site at the construction site at the construction site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site at the site of

Accordingly, Defendant C and B jointly stolen the victim’s property in collusion with Defendant C and B.

Summary of Evidence

1. Defendant C’s legal statement

1. Witnesses G and I's respective legal statements;

1. The legal statement of the witness C (limited to the defendant A and B);

1. A protocol concerning the examination of each police officer against J, K, H, L, M, or N;

1. Land aggregate extraction permission;

1. A copy of a contract for the same trade, or a contract for the authority to collect land aggregates;

1. A list of trading statements;

1. Tax invoice;

1. Investigation report (a copy of passbook); and

1. Application of family relation certificates and certified copies of resident registration Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 331(2) and (1), and 30 of the Criminal Act

1. Defendants from among concurrent crimes: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.