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(영문) 전주지방법원 2016.11.03 2016고단1417
특수절도
Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for ten months, for each of the defendants C.

except that this judgment.

Reasons

Criminal facts

Defendant

A is the representative director of F company F, a motor vehicle wheelchairs restoration company in Kim Jong-si, and the defendant B is the production director of the above company, and the defendant C is the management director of the above company.

The Defendants conspired to steal the wheelchairs of vehicles by entering a factory, which was known to the previous business partners, in order to be not capable of purchasing the wheelchairs normally due to the financial difficulties of the company.

1. Defendant A and the Defendants, around 2:00 on March 14, 2016, went into the factory of the Victim I Co., Ltd. (hereinafter “Defendant C”) at the time of Kim Jong-si, a 1t flob-fam truck operated by Defendant C, and went into the Defendant’s factory after entering the factory of the Victim A, Co., Ltd., Ltd. (hereinafter “Defendant C”) beyond the fence and going into the warehouse. After entering the said factory, approximately KRW 4.160,00,000 of the market price owned by the victim company, which was kept in custody, transferred 32 wheelchairs of the said cargo to the Defendant’s factory.

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

2. Defendant A, B, and C around 1:00 on April 25, 2016: (a) around 1:00, Defendant C 1t flobbfing trucked from G 1st-flobing trucked off to Kim Jong-dong, and came to a Hati factory of the Victim C, Inc., the Defendant A and C invaded over the fence of the said factory to the extent that it was inside the warehouse; (b) KRW 150,000,000 in the market price of the victim’s company owned by the said factory; and (c) flobing Defendant B, who was outside the fence of the said factory, moved the wheel to the cargo space of the said cargo vehicle; and (d) the Defendants driven the said cargo vehicle and went to the flobing factory of the Defendants.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to J police officers;

1. The K's statement;

1. Records and lists of police seizure;

1. Application of each statute on photographs;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Discretionary mitigation Defendant B and C: Each criminal law.

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