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(영문) 의정부지방법원 2016.11.18 2015고단3631
특수절도
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A is a person who operates solid goods in Gyeonggi-si with the trade name of E, and Defendant B is a person who engages in the business of removing factory machinery.

Defendant

B agreed with the victim H to purchase KRW 120,00,000 from the victim H who operated the said company at the G office located in the Gyeonggi-si, Gyeonggi-si, 2014. On November 1, 2014, in order to raise the above money, the Defendant A introduced the said scrap metal through the paper I, and agreed to divide the profits from selling the said scrap metal from the goods removed on behalf of the Defendant A in return for the payment of the said scrap metal into the proportion of between Defendant A and Defendant B 7.

Since then, around November 2014, the Defendants: (a) made payment to the victim of the scrap metal at the above removal site; and (b) made efforts to compensate for damages by means of either removing the goods not subject to removal from the victim by taking advantage of the gaps in the management of the victim; and (c) made efforts to compensate for damages in a way of making it possible for the victims to have the goods not subject to removal.

Accordingly, around November 18, 2014, Defendant B instructed the victim to remove non-processed goods purchased from the victim at the above removal site. Defendant A sent the cargo vehicle to the above removal site and carried the said goods into the E-high water surface operated by himself/herself, thereby thefting the said goods with two strings, four strings, four strings, one singing machine, etc. owned by the victim at the above removal site. From around that point to December 9, 2014, Defendant B stolen the said goods with the goods worth KRW 354,220,000, total market price of the victim’s possession by the same method, etc. over 17 times in total, as shown in the attached list of crimes, from that point to December 9, 2014.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J and H;

1. Part of the witness B;

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