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(영문) 대구지방법원 서부지원 2016.04.29 2015고단715
특수절도
Text

Defendants shall be punished by imprisonment for ten months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A From the beginning of 2013, the chief of the materials division of the victim D (ju) and the defendant B had been in charge of the purchase, transportation, distribution, etc. of raw materials to be used in the automobile parts while serving as the chief of the materials division of the victim D (ju) and the main materials of the D (ju).

On October 2013, Defendant B, a member of the board of directors of the board of directors of the materials, used the fact that it is difficult for Defendant B to detect some of the materials on the surface of the state, even if the materials were deducted from the inventory because it is difficult for the operator of the board of directors to accurately grasp the inventory of the materials at the factory of the damaged company located in the Seocho-gu, Daegu-gu, Police Officer, and the operator of the board of directors, Defendant B obtained the Defendant A’s consent by stating, “It is a letter that there is a large amount of alkin and alkin stock quantity, which is a large quantity of alkin and alkin stock quantity, and it is possible for Defendant A, a member of the board of directors of the materials, to take advantage of the fact that it is difficult for Defendant A to detect some materials on the surface of the state.”

On October 14, 2013, the Defendants: (a) at the above-mentioned factory, Defendant A designated the Defendant B with selling materials brought to the water on the water surface; (b) accordingly, Defendant B, using the said vehicle, sold scrap iron and aluminium equivalent to KRW 7 million at the market price of the victim company owned by the Defendant B, which was located there, to the G distribution vehicle; and (c) sold H on the water surface located in Daegu Western-gu E.

In addition, the Defendants, as shown in the list of crimes in the attached Table from July 2014 to the end of July 2014, committed a theft of scrap metal and alinium owned by the victim company in total of 91.8 million won, from that time to that of the end of July 2014.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. The police statement protocol against F (Defendant A is merely a aiding and abetting offender, not a common principal offender) but also a aiding and abetting offender. However, according to the evidence submitted by the Prosecutor, the role and status of Defendant A, the details and process of the participation in the crime, and the method and proportion of allocating criminal proceeds.

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