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(영문) 서울중앙지방법원 2014.05.08 2013고단8482
특수절도
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

The Defendants knew that the Victim F holds cash of KRW 300 million among total amount of KRW 500 million necessary for the business fund, but did not know that it was written to raise KRW 200 million to raise KRW 200 million to the victim, and tried to steal KRW 300 million in cash owned by the victim.

On August 16, 2012, when the victim had cash of 300 million won and had a promise place, the Defendants committed an act as if they would make an investment in the business of the victim, and Defendant B conspired to commit a theft by giving money to the victim after receiving cash of 300 million won from the victim and presenting it to the Chairperson, and making a decision as to whether to make a business investment.

On August 17, 2012, at around 10:30, the Defendants presented cash of 300 million won to the president where Defendant B is gathered if they show cash of 300 million won to the victim, and then decided whether to invest. Defendant B presented cash of 300 million won in the passenger car parked in front of the coffee shop to the president in the coffee shop. Defendant B, as seen in advance, presented it to the victim, and then went back to the president in the coffee shop, and operated a vehicle by carrying the cash door on the troke of his troke which was parked behind the coffee shop.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and I;

1. Second prosecutor's protocol of interrogation of Defendant A (including F's statement)

1. Application of the third protocol of examination of suspect to Defendant B by prosecution

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. The number of days pending trial:

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