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(영문) 창원지방법원 밀양지원 2016.02.18 2015고단361

특수절도등

Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. On April 2014, Defendant A had experience of theft of pine trees and confirmed the size thereof by directly witnessing 150 years of receipt of approximately KRW 10,000,000 in the market value of the victim E owned by the victim of the forest and fields D, the victim of the instant forest and fields was aware that a large number of human resources and freight should be mobilized in order to move the pine trees by digging them.

The Defendant: (a) neither purchased the pine trees from the injured party, nor did he agreed on the purchase with the injured party; (b) there was no right to the said pine trees; (c) around August 2014, the Defendant either lawfully purchased the said pine trees from B and paid the price in full; and (d) upon request from B to request from B, introduced G a freight driver G via F; and (c) subsequently, the Defendant stolen the said pine trees on September 2, 2014, by having two persons, two of whom are not aware of the fact, namely, B, H, G, and name-specific, carried the said pine trees into the residence of K located in the north-guJ at the North Korean port of North-gu, North Korea.

2. The Defendants are prohibited from moving infected trees, etc. without obtaining authorization, etc. under relevant Acts and subordinate statutes in a zone where the removal of infected trees is prohibited by the Defendants’ joint crime.

Nevertheless, as in paragraph (1) of the above, Defendant A sought from Defendant B with the request of Defendant B to rescue the cargo difference to be used by digging out pine trees, and Defendant B moved to the residence of K located in the north-gu of the port of port of port by using the IF vehicle without obtaining approval, etc. under the relevant laws and regulations from around 06:00 on September 2, 2014, the area where the removal of pine trees is prohibited.

As a result, the Defendants conspired to move trees, such as infected trees, in the prohibited area.

Summary of Evidence

1. Defendants’ respective legal statements

1. F. H. H.