Defendant

The sentence for B shall be suspended.

Defendant

A The prosecution against A is dismissed.

Punishment of the crime

A and Defendant B, who was known to the general public, was in need of the mother’s hospital expenses and living expenses. A, despite the absence of permission from the victim E, victim F, and the victim G, provided the victims with the land of Hacheon-gun, the victims were provided to Defendant B, and Defendant B extracted earth and sand from the above land, and Defendant B paid KRW 10,00 won per 15 tons truck to Defendant B, and Defendant B conspired to supply the soil and sand extracted from the above land to Y Co., Ltd.

A and Defendant B accordingly, from October 7, 2012 to October 08:00 of the same day, from October 8, 2012 to October 17:00 of the same day, from October 8, 2012 to October 11:00 of the same day, and from around October 8, 2012 to around 11:00 of the same day, A designated the place to be extracted, and given instructions to meet the side arguments and height, and Defendant B mobilized scke equipment and 15 tons truck, and carried them out after digging out approximately KRW 20,84,00 of the market price at around 2,316 tons.

As a result, A and Defendant B stolen earth and sand owned by the victims jointly.

Summary of Evidence

1. Each legal statement of the defendant A and the defendant B;

1. Statement of each police statement concerning F;

1. The marina industry supply contract;

1. Total output table;

1. Land cadastre;

1. Family relation certificate;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that victims do not want punishment);

1. Six months of imprisonment to be suspended and one year of a suspended sentence;

1. Article 59(1) of the suspended sentence does not have the same criminal record against Defendant B, and it appears that the confession of the instant crime would be against the Defendant, and there are some circumstances to consider the circumstances leading to the instant crime. As regards Defendant A who led the instant crime, the dismissal of prosecution following the cancellation of the complaint was sentenced to the punishment on the ground that the instant crime was committed between relatives, as follows, and the Defendant is exempted from punishment.