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(영문) 부산지방법원 서부지원 2021.02.09 2020고단2388

특수절도등

Text

Defendant

Each sentence for A and B shall be exempted.

Defendant

C Pronouncement of a sentence shall be suspended.

Reasons

Punishment of the crime

[criminal record] On November 12, 2020, Defendant A was sentenced to a maximum of two years and six months of imprisonment with prison labor for special larceny, etc. at the Busan District Court, and a short of two years of imprisonment with prison labor on January 25, 2021. Defendant B was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on November 12, 2020, and the judgment became final and conclusive on November 20, 2020.

[Criminal facts] 2020 Highest 2388 (Defendant A and B)

1. The Defendants entered the PC room to punish living expenses together with C and D, and C had a view to viewing the network, and D had a sense to play a role with the victim’s goods.

On January 5, 2020, around 05:45, the Defendants, along with C and D, took advantage of the gaps in which the victim G was locked in order to take toilets, and the Defendants and C took advantage of the gaps in order for the victim G to take toilets, and D took 8,000 won in cash on the computer’s book and 300,000 won in market price.

Accordingly, the defendants stolen the victim's property together with C and D.

[Defendant A] 2020 Highest 2931 [Defendant A, C]

2. The Defendants and D conspired with each other on January 5, 2020, at the “J” store operated by the victim I Co., Ltd., Ltd., Ltd., Ltd., located in Busan Seo-gu, Busan, the Defendants: (a) placed the “Spick” package; (b) placed the Defendant on the part of the Defendant, one gate with which the trademark cannot be known; and (c) placed on the part of the former Defendants the company bank cream card, which was stolen with the former Defendants, by presenting a copy of the former K company bank cream card, which was stolen, as if the former Defendants were their card, in order to deliver 3.160,000 won in total at the market price, which was the victim’s possession; and (d) failed to make payment due to the suspension of credit card transactions; and (e) caused the failure to make payment.

As a result, the Defendants conspired with D and attempted to receive property by deceiving the victim.

b)a summary of the evidence;