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(영문) 인천지방법원 2013.10.31 2013고단3186

특수절도등

Text

Defendant

A Imprisonment with prison labor of one year and three months, and each of the defendants B and C shall be punished by imprisonment with prison labor of one year and four months.

Reasons

Punishment of the crime

[criminal power] On May 3, 201, Defendant A was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on May 3, 201, and on October 28, 201, Defendant A was released on October 28, 201 during the execution of the sentence, and the parole period expired on December 12, 201.

【Criminal Facts】

1. Defendant A, Defendant B, and Defendant C’s special larceny: (a) Defendant C, who works in K located in Seo-gu Incheon Seo-gu, Seo-gu, Incheon, operated by the victim I, took advantage of the opportunity to work in the mixed agency during night hours, intended to steal and sell smartphones located in the said agency and divide the price into two parts.

Defendant

B around April 29, 2013, around 20:46, at the above agency, the Defendant A was able to wear a son, locker, and sponser prepared in advance in preparation for CCTV recording, and Defendant C had 26 smartphones listed in the attached list of crimes, such as 5 (16) videophones owned by the victim by entering the agency outside of the agency without correcting the agency entrance.

Defendant

A is waiting in the vicinity of the above agency, and he was carrying 24,706,000 won of the market price which Defendant B stolen.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

2. Around April 29, 2013:30, Defendant D acquired stolen goods at KRW 6,450,000, despite being aware of the fact that the 26 cost of smartphones, which were stolen from Defendant A, was possessed by Defendant A at the Seoul High Bus Terminal parking lot located in Seocho-gu Seoul, Seocho-gu, Seoul, 19-4.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of M;

1. Each written statement of the I;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Each report on investigation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (A inquiry and attachment of judgment), personal identification and confinement status;

1. Criminal facts;