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(영문) 울산지방법원 2020.05.13 2019고단3706
특수절도등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

1. Special larceny Defendants: (a) around 21:00 on September 25, 2018, around 63, Ulsan-gu C, Ulsan-gu, and the third floor “DPC bank”; (b) the victim E was fluorily kid; and (c) Defendant B reported the network; and (d) Defendant A carried one cell phone of LGbecscke project equivalent to KRW 100,000 at the market price, which is the victim’s ownership.

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

2. On September 28, 2018, the Defendants conspireded to embezzlement of stolen property, and did not take necessary procedures, such as acquiring one copy of the Nongsan-gu, Ulsan-gu, Ulsan-gu, and returning it to the victim even though the victim F lost, the Defendants thought to have been held by the Defendants.

As a result, the Defendants conspired, and embezzled the property that was separated from the possession of the victim.

3. Fraud and Specialized Credit Financial Business Act violation Defendants conspired, around 00:43 September 28, 2018, purchased goods equivalent to KRW 7,500,00 of the market price of tobacco, etc. from the victim H operated by Ulsan-gu G, Ulsan-gu, Ulsan-gu, and suggested the victim as if he had legitimate authority to complete the Agricultural Cooperative Card lost by F as referred to in the foregoing paragraph 2, and had the victim pay the goods with the above physical card.

From September 28, 2019 to September 16:43, 2019, Defendants purchased goods equivalent to KRW 588,600 in total by the aforementioned method nine times, as shown in the list of crimes in the attached Table.

As a result, the Defendants conspired to attract victims to receive property and used lost physical cards respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement in E, F, H, J, K, L, M, N,O, P, and Q;

1. DPCCCC-TV analysis photographs, and CCTV video data;

1. Details of card use, and application of Acts and subordinate statutes on card receipt;

1. Defendants of relevant legal provisions concerning criminal facts: Each of the Defendants [Article 331(2) and (1) of the Criminal Act (the point of special larceny and Article 360(1) of the Criminal Act)].

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