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(영문) 수원지방법원 2014.06.13 2014고단167 (1)
특수절도
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A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. Around 00:00 on December 31, 2013, the Defendant: “Drenk’s car to be used in committing a theft of E and F in the name of the Defendant” in Suwon-si, Suwon-si, saying, “In order to facilitate the escape of E and F, the Defendant set a siren car to be used in committing a crime in the name of the Defendant; and thereafter, the Defendant made the said siren staff H of the said siren a false address in the rental contract by putting a cash of KRW 100,000,000 in KRW 10,000 and prepared a false address in the rental contract; and “a request to contact is made if criminal facts are found.”

E and F cut off with 13 mobile phones of approximately KRW 13 million in total of the market price of the victim I by using the above car.

As a result, the Defendant aided and abetted the theft of E and F.

2. On January 1, 2014, around 23:30, the Defendant sold the stolen goods to M and N, who are the goods manager, through L, known of the fact that the mobile phone 13 prices stolen by E and F, in front of K-gu, Bupyeong-gu, Incheon, Seo-gu, Incheon, were stolen, and arranged the transfer of the stolen goods.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of Defendant E, F, M, and N;

1. Each police statement made to I and H;

1. A written statement prepared by theO;

1. Each protocol of seizure;

1. All on-site photographs and CCTV photographs;

1. Application of the statutes on a copy of each vehicle rental contract;

1. Relevant Article 331(2) and (1) of the Criminal Act, Articles 331(2) and (1), 32(1) of the Criminal Act (the occupation of special larceny) and Article 362(2) and (1) of the Criminal Act (the occupation of stolen good and the choice of imprisonment);

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act (with respect to the crimes of accessories and special larceny) of the Criminal Act mitigated by law;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant was sentenced to one year of the suspension of the execution of imprisonment for a period of six months for fraud in this court on October 24, 2013; and (b) the judgment became final and conclusive on November 1, 2013; and (c) the offense of special larceny among the instant crimes is still under the suspension of execution.

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