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(영문) 서울중앙지방법원 2017.03.30 2016고단8368
특수절도등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

[Defendant B] The defendant shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is a “G employee” of the victim F operation in Seocho-gu Seoul Metropolitan Government, and Defendant B is a person who collects solid water and sells it to the said “G”.

In early June 2014, the Defendants: (a) opened the entrance of “G” on the new wall by Defendant A; (b) opened the entrance of “G” on the new wall to drive the said “G H K5 car; (c) Defendant B, if Defendant A left the said non-ferrous metal scrap water, such as Guide Ri owned by the victim, loaded it on the said vehicle; and (d) returned back to “G” later; (c) as Defendant B collected it normally, the Defendants made a false entry and exit letter to “G”; (d) sold or sold to “G”; and (e) purchased the proceeds therefrom by taking the charge of the false entry and exit of the non-ferrous metal scrap, such as copper, which was collected by Defendant B, from the injured party; and (e) acquired the proceeds therefrom by Defendant A70% and Defendant B 30%.

2. Special larceny Defendants: (a) around 04:00 to 06:00 on June 7, 2014; (b) Defendant A opened an entrance by means of the crepans without the injured party according to the above crepans; (c) Defendant B driven the said car; (d) Defendant A put the said car into the said car at an amount equivalent to KRW 827,50,000 in the market price of non-metallic metal scrap goods, such as copper Ri owned by the injured party; and (e) Defendant B, from around that time to December 15, 2014, operated the said car and carried it out by driving the said car; and (e) Defendant B, from around December 22, 2014 to December 15, 2014 in the same way as the list of crimes attached to the annexed Table (1).

Accordingly, the Defendants, together, stolen the total amount of KRW 16,703,100,00 in the market value of non-ferrous metal, such as copper, which is the property of the victim.

3. The Defendants’ fraud using stolen stolen stolen water in G around June 8, 2014, and Defendant B, according to the foregoing mother, as described in the preceding paragraph.

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