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(영문) 서울중앙지방법원 2018.11.28 2018고단3900
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above two years against the Defendants from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A as the representative of C, Defendant B as the head of the above company, and Defendant B supplied masters to D's d's l's l's l's l's l's l's l's l's l's l's

When the customs clearance of the mother to be supplied was delayed on September 29, 2017, the Defendants entered the factory of the victimized enterprise in Kimhae-si F around 17:00 on September 29, 2017, and did not obtain D, the Defendants loaded 102 abundator for hospital-type hospital owned by the victimized enterprise.

As a result, the defendants stolen the property of the damaged company together.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of the witness D;

1. In a part of each protocol concerning the interrogation of suspect against the Defendants

1. The Defendants’ written statements

1. Statement D in the police interrogation protocol against the defendant A;

1. Partial statement made by the police in relation to D;

1. Application of the Act and subordinate statutes to a complaint, investigative report (Attachment to G message), two pages to capture G message, investigation report (referring to witness H telephone conversations), investigation report (victim D telephone conversations), investigation report (in relation to the complainant I department), investigation report (in relation to the complainant I department), investigation report (in relation to witness I department), investigation report (in relation to witness I telephone conversations), and investigation report (in relation to witness J telephone communications);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Judgment on the Defendants’ assertion under Article 62(1) of the Criminal Act on the suspended execution

1. Defendant A, as the representative of C who imports a mother used in medical beds, Defendant B, as the head of the above company, supplied the mother to the damaged company E, the representative of D, and the head of the department of the above company.

When the customs clearance of the cargo to be supplied was delayed, the Defendants entered the factory of the damaged enterprise in Kimhae-si on September 29, 2017, and did not obtain D, etc. permission, the Defendants are 112 clicks for hospital-type hospitals equivalent to KRW 7 million at the market price owned by the victimized enterprise.

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