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(영문) 서울중앙지방법원 2020.05.28 2019고단3941
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

From May 2, 2018 to December 2, 2018, Defendants invested funds in the E- clothing store operated by the victim C.

around 14:00 on January 23, 2019, the Defendants carried out PARK 11 COTN 11 , COASTST 5 , JACR HEP 16 , which was displayed at the location on the ground that the victim did not properly settle the above E partner's money.

As a result, the defendants stolen the clothes owned by the victim together.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness G;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a complaint and a statement of submission by complainants;

1. Relevant Article 331 (2) and (1) of the Criminal Act: Defendants who choose to commit the crime;

1. The defendants on probation: Determination as to the defendants and defense counsel under Article 62(1) of the Criminal Code

1. The summary of the assertion did not receive the settlement of the money invested by the victim. The victim purchased the clothing of this case with the money invested as above and brought it to the H store operated by the victim, and the defendants brought it to the E store. Thus, the defendants did not intend to acquire unlawful profits from the defendants.

2. According to the Criminal Act, theft means the removal of possession of a person other than himself/herself from possession against the will of the possessor and the transfer of possession to himself/herself or to a third party. Even if the right to claim delivery, etc. based on the agreement is acknowledged, theft is established by an act of excluding possession against the will of the possessor unless it is recognized that the possessor explicitly and implicitly consented to the transfer of possession at the time of possession. In such a case, barring special circumstances.

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