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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
Defendant
A and B are employees of the Sung forest oil company (hereinafter referred to as "Selim oil company") located in 27(Seongdong) with the support of the members of Ansan-si.
1. At around 01:00 on July 4, 2014, the Defendants’ co-offenders discovered that there was a emulsion tobacco that requested the Defendant to dispose of the emulsion with the lapse of the period of distribution at the victim Etiter International Korea Co., Ltd. at the victim Etiter’s emulsion 1, and 2, with the support of the members of Ansan-si, Ansan-si.
The Defendants: (a) around the time of their retirement, and (b) reported the presence of other employees; (c) had 400 mack tobacco (8 macks) equivalent to KRW 10.8 million at the market price owned by the victimized company, which was located in the period of Nos. 1 and 2, and (d) had been loaded on Defendant B’s CMFM or another car.
Accordingly, the Defendants committed a theft of the damaged company's property jointly.
2. At around 20:00 on November 20, 2013, Defendant A’s sole criminal conduct stolen a carel tobacco, etc. totaling KRW 2,390,00,000, in total, on six occasions, from the time when the market price owned by the victimized company located in the said incineration site was 50,000,000, which was KRW 1,250,000 (one stop) and was loaded on the transit bus of the said company from July 20, 2014.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of police suspect regarding D;
1. Each police statement of E, F, G, H, I, J, K, and L;
1. Records of seizure and the list of seizure;
1. The volume of tobacco (Gelel, Melel, Melfash), the specifications of storage confirmation and disposal declaration, waste disposal confirmation, and disposal site photograph at the disposal site, which is requested by JTI to be disposed of;
1. Application of Acts and subordinate statutes to field photographs and photographs of seized articles;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 331(2) and (1) of the Criminal Act (the point of special larceny) and Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment).