A Imprisonment with prison labor for a year and four months, each of the defendants B, C, and D shall be punished by imprisonment with prison labor for a year and one year.

Defendant

A, B, and C on 2012.

[2013 Highest 2653] Defendant A worked as the head of the operating division and the distribution two points of the I Branch (J) operated by the victim LG U on the fourth floor of Jongno-gu Seoul from April 1, 2010 to February 29, 2012; Defendant B worked as the two distribution partners and the sales division of the said I Branch from July 23, 2010 to August 23, 2012; Defendant C worked as the head of the said I Branch from December 1, 2010 to June 9, 2012; and Defendant D purchased new products and heavy mobile phones against many and unspecified persons.

1. On February 2, 2012, Defendant A, B, and C’s special larcenyed the Defendant’s intent to steal a mobile phone from the foregoing D at a drinking house where it is difficult to know the trade name located in the Gangnam-gu Seoul Station, Gangnam-gu, Seoul. Defendant A, B, and C, using the fact that the management of the mobile phone owned by the victim, which is stored in the warehouse within the said I point, was inappropriate.

On February 22, 2012, around 22:13, at the above LG U I branch, the Defendants confirmed that all other employees did not leave the building, and then the Defendants waiting in the vehicle owned by the Defendant, and reported the network to the above office, the Defendants B and C entered the entrance door recognition system of the warehouse in which the cell phone is stored, and cancelled the locking device by recognizing the fingerprints of Defendant C on the entrance recognition system of the warehouse in which the cell phone is stored, and then enter the warehouse, and then 10 galle-type cell phones-type cell phones-type 10 galle-type mobile phones-type 800 galp-type 30 galp-type 70 galp-type 89,800 galp-type 10 galp-type mobile phone per market price, and loaded the above cell phone to Defendant A’s vehicle.

Accordingly, the Defendants, together, stolen 40 mobile phones equivalent to the market price of KRW 36,93,00 from around that time to July 18, 2012, and stolen 264 mobile phones equivalent to KRW 235,119,50 from around 12 times as shown in the annexed crime list 1.

2. Defendant B’s theft.