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(영문) 의정부지방법원 2014.05.14 2014고단136

특수절도교사

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. While Defendant A was using AD Co., Ltd., Defendant A, a mortgagee of the said car, applied for a voluntary auction to the Government District Court, and delivered the said car to the enforcement officer, Defendant B, who was aware of the said car while engaging in a medium-sized car sales business, was killed in writing in the surrounding parking lot of the said court.

On November 2, 2013, the Defendant: (a) at the “G coffee shop” located in J in Jinjin-gu, Jinjin-gu, Seoul; (b) there is no way to find the Defendant B at the parking lot located in the government of the Republic of Korea, holding the vehicle in his own use in E; (c) there is no way to find the vehicle in his own use; (d) to pay the expenses, etc.; and (e) to have the Defendant stolen the vehicle in his own way; and (e) Defendant B calls the Defendant C to “Arodi vehicle in Seoul”; and (e) Defendant C consented to this.

At around 00:30 on November 9, 2013, the Defendant: (a) instigated Defendant B and C to commit a special larceny by forceing Defendant C and C to steals a vehicle of the amount equivalent to the KRW 110 million at the market price owned by the victim D Co., Ltd. that was parked in the “J parking lot” operated by H at the Yangju city.

2. Defendant B and Defendant C, according to Defendant C’s teacher, opened a door of the vehicle at K A with approximately KRW 10 million at the market price owned by the victim D Co., Ltd. owned by Defendant A, who was parked in the said place by using the key of the vehicle at K at K at Yang-si on November 9, 2013, and Defendant C driven the said vehicle at the driver’s seat, and Defendant C driven the said vehicle at the steering seat, and Defendant B driven the said vehicle at the steering seat.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. Lritten statements;

1. Statement of seizure;