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(영문) 서울중앙지방법원 2019.01.09 2018고단4630

특수절도

Text

Defendant

A Imprisonment with prison labor for three years, for two years and six months, for Defendant C, for one year and six months, for Defendant D and E, respectively.

Reasons

Punishment of the crime

【Defendant A was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Suwon District Court on November 29, 2010, and on August 30, 2012, the Seoul High Court sentenced Defendant A to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) from Seoul High Court on August 30, 2012 and completed

Defendant

C On February 21, 2018, in the Seosan Branch of the Daejeon District Court, a year of suspension of the execution of imprisonment with prison labor for the violation of the Wastes Control Act was sentenced to one year for the violation of the Wastes Control Act, and the judgment became final and conclusive on March 1, 2018, is still under suspension

【Criminal Facts】

1. On May 2018, Defendant A, B, and C introduced Defendant B upon receipt of the request from Nonparty F to “The gold bars purchased from Hong Kong to the person who will receive the gold bars from the Incheon International Airport Tax Exemption Zone and transport the gold bars to the Japan,” and upon receipt of the request from Defendant B.

Defendant

A, as Defendant B was in charge of the transport of gold bars, on June 2018, Defendant B and C conspiredd to steal the victim by receiving the gold ingot, as if Defendant B were to transport the normal gold ingot in a normal manner with Defendant G (hereinafter “H”), Defendant B and C.

According to the above public offering, Defendant B served as receiving gold from the victim; Defendant C served as Hong Kong to transfer it to a third party to a person; Defendant A and G planned a specific method of crime and bring the price of the gold in return.

According to the above role sharing, at around 12:30 June 10, 2018, Defendant B received 15 gold bars from Defendant B’s employees L, who are in charge of the transport of gold bars, and five gold bars from Defendant B, respectively.

Defendant C continued to receive text messages from Defendant B at around 13:30 on the same day, and Defendant B and the above M and N, who were in the instant J 12 car page.