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(영문) 춘천지방법원 강릉지원 2014.04.17 2013고단701
특수절도
Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of victim E, the actual operator of D, and Defendant B loaned funds to the above D at the time of the establishment of the above company, and the Defendants did not operate the above company and did not receive monthly payment, and the collection of the loans was difficult, and the Defendants gathered to steal the said company’s flag.

On May 19, 2011, at around 18:30 on May 19, 201, the Defendants opened a door with the key owned by Defendant A, and the Defendants entered the door together and moved the door to one ton of Defendant B, which is equivalent to KRW 4 million (victim’s statement) at the market price of the victim’s possession.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Statement made by witnesses D in the second protocol of the trial;

1. Statements made by witnesses G in the fourth trial records;

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Statement by the prosecution concerning D;

1. The Defendants and the defense counsel asserted that the Defendants and the defense counsel did not have any awareness that the phishing price was another person’s property, and there was no intention to commit theft, since they could be said to be the real representative director of the corporation E at the time of Defendant A.

On the other hand, the following circumstances, i.e., the actual operator of E, a corporation, is D, and the defendant A was merely the representative director in one name who was paid a monthly salary of KRW 300-3.5 million per month, and the delivery of the Washington was alsoD, and the defendant A had been unaware of the price of the Washington. However, the defendant A was only a lawsuit from the creditors of E, a corporation, even though he was not paid a monthly salary.

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