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(영문) 대전지방법원 천안지원 2020.05.08 2020고단465

절도

Text

Defendants shall be punished by imprisonment for one year.

However, with respect to the defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendants came to know that Defendant B, the land owner of Defendant B, moved KRW 60,000,000 in cash to a money exchange establishment located in the Seoul Special Metropolitan City (hereinafter referred to as “U.S.”) in order to exchange the said cash into U.S. dollars, the Defendants attempted to steals the said cash and divided one half.

Accordingly, Defendant B introduced Defendant A to the victim, while Defendant A moved his own motor vehicle to the money exchange market with the victim, and the victim's surveillance was stolen, and the victim's surveillance was stolen, and Defendant B conspired to receive cash delivery from Defendant A while waiting in the vicinity of the above Jung-dong Station.

According to such public offering, around 22:13 on December 13, 2018, Defendant A was moving to the victim to his F U.S. D apartment E-dong parking lot in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and around 22:17 on the same day, Defendant A was carrying the victim to his F U.S. D apartment E-dong parking lot in front of the H convenience store located in the above G, with the ecobbbbbb in which the victim had a cash of KRW 60 million in the front of the H convenience store in the above G, and received tobacco from Defendant A in the vicinity of Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S., and then delivered KRW 60 million in cash from Defendant A in the front of the H convenience store.

As a result, the Defendants conspired and stolen the cash 60 million won managed by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The fourth police statement of the victim C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 329 and 30 of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (Taking into account that the Defendant A has no criminal history);

1. Defendant A of the community service order: The existence of the criminal records by Defendant for the reason of sentencing Article 62-2 of the Criminal Act.