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(영문) 수원지방법원 안산지원 2017.08.17 2017고단1462

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person engaged in cargo transport business.

The Defendant had been working in the E management of the victim D in Sih City, Sih City;

In collusion with F and G, in order to divide the money sold by stealing the iron plates supplied to customers in the above E, and the above F et al. conspiredd with F and G to take charge of cutting the iron plates from the above E’s material storage by using the gaps in which surveillance is neglected due to the absence of any person after leaving the scene, and to transfer them to the Defendant’s vehicle, and the Defendant conspired to take charge of the role of reporting the nets in the surrounding area and transporting the said scrap plates to his own cargo.

Accordingly, in February 2016, the Defendant and the above F et al. opened the entrance of the above materials warehouse using the security card possessed by the above G while entering the above materials warehouse, and cutting off the metal plates (90x2750x6700) of the market price in S45C worth 26,386,50 won stored in the above materials warehouse to cut off them with about 6 trillion articles, and the Defendant also cut off the iron plates cut as above from around 2016 to cut off with about 6 trillion articles, among those seen from the above E around 2016.

From around that time to May 2016, the Defendant stolen the iron plates equivalent to KRW 348,169,600 in total over 10 times, as shown in the list of offenses, together with the above F, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the whole part of the statement of the F);

1. A protocol concerning the examination of a certain prosecution against F and G;

1. Each protocol concerning the examination of a police officer against I, J, K, L, M, N, orO;

1. Statement made by the police with regard to D;

1. A report on internal investigation (Attachment to a detailed statement of transactions);

1. Application of Acts and subordinate statutes to report on investigation (a final and conclusive judgment on a crime committed);

1. Articles 331(2) and 331(1) of the Criminal Act, inclusive, by virtue of the pertinent legal provisions on criminal facts [the prosecutor charged with the instant special larceny as substantive concurrent crimes, but the said special larceny was committed.