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(영문) 서울중앙지방법원 2014.09.30 2014고단2003
특수절도등
Text

Defendants are punished by imprisonment of one year and six months, by a fine of KRW 10,000,00, and by a fine of KRW 5,000,00, respectively.

Reasons

Punishment of the crime

Defendant A and B, as an ex post facto distribution from the same region, agreed to collect claims againstO with the intention of using GPS (APS) installed in advance on the foregoing vehicle and auxiliary key, and selling it again or selling it to an overseas smuggling exporter, after receiving O’s proposal that he/she would recover the claims againstO.

Accordingly, the above Defendants acquired a high-priced external vehicle in the name of family members, installed a PE and disposed of it as security through P, etc., and agreed to recover back to the Defendants using GPS and auxiliary key. In the event that the above Defendants reported theft, they shared the role of asserting the rights to the said Defendants by arbitrarily disposing of the vehicle and finding it.

1. Defendant A’s special larceny;

A. A. A. On August 23, 2013, the Defendant: (a) recommended Q to dispose of the SPS car purchased from Hyundai Capital Co., Ltd. in the name of his father R to use a loan of KRW 44,550,000 from Hyundai Capital Co., Ltd.; and (b) received a transfer of the said car from Q from Q to dispose of it through the O; and (c) sold it to Q to Q through P, etc. on November 5, 2013.

Nevertheless, the Defendant confirmed the location of Q and Q from November 7, 11:00 to 02:00 of the same year by using the GPS, which was installed in advance with the 44,500,000 won in the market price that the victim parked on the roads of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, and then Q was driving in Q to a auxiliary key.

Accordingly, the defendant stolen the above Qus car together with Qus.

B. Special larceny against rocketing another car is the Defendant on September 13, 2013.

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