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(영문) 대구지방법원 2018.03.30 2017고단6728

특수절도

Text

Defendant

A Imprisonment with prison labor for one year, for ten months, for Defendant C, for eight months, and for Defendant D.

Reasons

Punishment of the crime

1. Defendant A and Defendant B

A. The Defendants, in collaboration with the victim G Co., Ltd., Ltd., located in Daegu Northern-gu F at around 19:00 as of April 2015, intended to commit theft by carrying the victim company’s market price in 1t, the market price of which is the victim company’s ownership, on a 1st vehicle, by taking advantage of the gaps that other employees are not leaving. However, the Defendants attempted to commit an attempted theft with the president of the victim company.

B. From June 9, 2016, at around 05:30, around 05:30 on June 9, 2016, the Defendants committed theft by carrying approximately KRW 3,500,000 of the market price, which is owned by the victim company, on 1t vehicles at the same place as Paragraph 1(a).

2. Defendants A, B, and C were jointly carried and stolen at around 13:00 on July 21, 2017, at around 13:00, at the same place as paragraph (a) of Section 1, the market price of the victim company, approximately KRW 6,083,00, KRW 8,690 kilograms B, which is the market price of the victim company, on 5t trucks, from that time until September 16, 2017, Defendant A, B, and C stolen the iron plates of KRW 29,204,00, total market price of KRW 41,720 kilograms, which is the market price of the victim company, by the following methods until September 16, 2017:

3. On August 16, 2017, Defendant D purchased KRW 2,406,250 from that time to September 17:31, 2017, a total amount of KRW 17,976,00, KRW 25,30 of the market price of G owned by Defendant D, which was stolen by Defendant D, in the top of “I” located in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, Daegu-gu, and KRW 6,125,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the law of the police statement protocol to J

1. A and B of the pertinent legal provisions regarding criminal facts and the choice of punishment: Articles 342, 331(2) and 331(1) (a) of the Criminal Act; Article 331(2) and 331(1) (a) of the Criminal Act; Defendant C: Article 331(2) of the respective Criminal Act.