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(영문) 의정부지방법원 2014.09.16 2013고단3620
특수절도
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

A. On March 8, 2013, at the F cafeteria operated by the victim E, the Defendants co-principaled the Defendants, around 15:00 on March 15, 2013, posted one half of the half-strings amounting to KRW 4,00,00 in the market value of the victim, which is the victim’s possession, to the F cafeteria operated by the Defendant E, and loaded one of the half-strings, to the instant truck prepared in advance by the Defendant.

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

B. At around 15:00 on March 5, 2013, Defendant B (1) in collaboration with A, Defendant B (hereinafter “Special thief”), the Defendant carried 4,00,000 won of the market value of the victim, which is the victim’s possession, in the above F cafeteria, to the truck prepared in advance by A.

Accordingly, the defendant stolen the victim's property together with A.

(2) On March 8, 2013, the Defendant: (a) terminated the said phone number using the Defendant’s husband’s phone number (G and H) that was the only telephone number (G and H) operated by the Victim E around the morning; and (b) interfered with the delivery of the victim restaurant.

2. Determination:

A. The Defendants asserted that the F cafeteria was owned by Defendant A, and that the Defendant A, the original owner of the facility belonging to the F cafeteria, was in charge of the operation of the F cafeteria to K, and that the above K sold the F cafeteria at his own discretion to the victim E, who was in an internal relationship with the Defendant, and that the sale and purchase between these two persons is not effective as transfer of business by an unentitled person, and therefore, the sale and purchase between these two persons did not constitute an offense.

B. Review of the records of this case reveals the following facts.

① The J, Defendant A, and Defendant B are still simplified, and K was divorced on July 2013 from the former position of the J, Defendant A, and the former position of the J, the omission of the Defendants at a high school of A.

I. The defendant B-.

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