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(영문) 대구지방법원 2016.05.27 2016고단1650
특수절도등
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On August 10, 2015, the Defendants: (a) committed a theft by taking advantage of the gapss that were locked by the drunk victim C while setting a cell phone on the floor at the Busan-dong Busan-dong, Daegu-dong, Busan-dong, Busan-dong; (b) Defendant B reported the network; and (c) Defendant A theft by taking one LG G G G3 smartphone (1,000,000,000 won at the market price of the victim’s ownership at KRW 1,000,000.

The Defendants, from that time until August 28, 2015, stolen goods worth KRW 2 million in total in the same way as the previous list of crimes (1) in the same manner twice, such as the previous list of crimes, from that time until August 28, 2015.

As a result, the defendants stolen the victims' property together.

B. In using computers, etc., the Defendants: (a) used the settlement of small amount provided in the “Tittop”, an off-line smartphone app, the mobile phone owner, using the fact that the mobile phone owner claims the mobile phone fee for the following month; (b) purchased mobile merchandise, such as Nexson Capital, by accessing the stolen smartphone with “Tittop” as indicated in the foregoing paragraph (a); and (c) conspired to sell and cash it at the unit brokerage site for sale.

On August 10, 2015, from around 01:08 to around 01:08, the Defendants purchased mobile merchandise in which the victim’s resident registration number and Sms certification number is unknown after accessing the victim’s smartphones owned by the victim C, entering the victim’s resident registration number and Sms certification number into the victim’s smartphones, and then Defendant A’s purchase of mobile merchandises of which the amount of KRW 492,00 is not known, and access Defendant A’s ID to the “A item” site, and received points equivalent to the same amount from the victims, after selling the merchandise coupons as above, and received money from the victims, and received money in exchange for the account designated by the Defendant.

Defendants, as well as this, are re-written in the list of crimes (2): Provided, That the number No. 3 of the list of crimes in [Attachment 2].

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