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Defendant
A Imprisonment with prison labor for a year and six months, and Defendant B for a year, respectively.
Reasons
Punishment of the crime
On August 19, 2016, Defendants were commissioned from the Victim G G to Japan in the Incheon Airport Tax Exemption Area and accepted this.
Defendant
A, upon contact with H on August 20, 2016, at around 00:00, he met H and I at the mutual infinite shop near the new finite-dong, Seoul Special Metropolitan City, and at the same location I and H agreed to the proposal that “I would cut off the gold at the public port” from I and H, and then, the Defendant B, who was waiting outside the coffee shop, also proposed the above proposal and consented to the crime.
The Defendants, at around 07:00 on August 20, 2016, entered the Incheon Airport located in Jung-gu Incheon Airport as a duty-free area. While I and H are waiting in the vicinity of the port of departure, the Defendants were given the same attitude that they transport the victim’s gold to Japan as they promised to transport the victim’s gold before the port of departure No. 28, and were issued three gold bars from J, the intermediate sender of the victim who believed it.
In addition, Defendant A received the phone from Defendant B, “I shall be given gold to B, in the column of the toilet in the rear side of the width,” and he received three gold bars from Defendant B, and thereafter, Defendant A entered six gold bars in the glar with I and went out of the airport with six gold bars.
As a result, the Defendants, in collusion with I and H, acquired 6 km of a sum of 29,1960,000 won at the victim G-owned market price.
Summary of Evidence
1. Defendants’ legal statement
1. Statement by the prosecution against G and K;
1. Each police statement concerning J and L;
1. Application of statutes, such as receipts;
1. Relevant Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (the defendants) and the reasons for sentencing choice of imprisonment;
1. Sentencing criteria;
(a) Defendant A: at least KRW 100,000,00,000 for organized fraud.