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(영문) 대구지방법원 김천지원 2017.05.23 2017고단295
특수절도
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of ten months of imprisonment for the acquisition of stolen goods at the Daegu District Court on September 6, 2016, and the judgment became final and conclusive on December 2, 2016.

[2] On December 21, 2014, D Co., Ltd., a waste collection, transportation, and disposal company, entered into a contract with the victim E Co., Ltd., and the victim’s old and previous factories in the old and previous city F during a year between the victim E Co., Ltd., and the victim’s old and previous factories in the old and previous city F, with a tonnage of KRW 351,00,000 per ton of scrap metal, and a non-stock, with a view to entrusting the disposal of KRW 1,870,000 per ton.

On the other hand, Defendant B, as an employee of the foregoing D in the Gu and Si, was in charge of the work of separating the scrap iron from the above plant, and Defendant A, while operating the “I” on the secondhand iron in C in the G in the Gyeongdong-gun, G, the victim’s right to purchase the scrap iron and the scrap iron from the above D, and Defendant B, around March, 2015, anticipated that the low market price of the scrap metal in the above D would have been at risk of damage. As such, Defendant B instructed Defendant A to conceal the scrap metal at the time of the withdrawal of the scrap metal and carried it out together, and Defendant A also consented to Defendant B’s proposal in consideration of profits remaining by selling the scrap metal.

Accordingly, even though the Defendants were permitted to remove scrap metal from the old factory environment Dong Recycling Center of the victim on March 10, 2015, around 16:18, the Defendants instructed the Defendant A to load the non-performance metal loaded therein with the scrap metal on the waste transport vehicle, and the Defendant A used the waste transport vehicle operated by the Party A to load the non-performance metal 1,003.3 km from the lower end of the transport vehicle and loaded the scrap metal again on the non-motor vehicle.

As a result, the Defendants jointly stolen 1,524,012 won or less at the market price of the victim, and committed a crime list from that time until May 27, 2015.

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