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(영문) 서울중앙지방법원 2012.11.09 2012고단3241
절도
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A, around February 10, 2010, engaged in the processing of gold brewing materials at “K” operated by the Jongno-gu Seoul Metropolitan Government International Victim JJ, which was used for the said victim’s surveillance, stolen golding materials, etc. of KRW 13,234,00, KRW 110, and KRW 110, the market price of the said victim’s possession, which is the victim’s ownership, using the gaps in which the said victim’s surveillance was neglected, as shown in the daily list of crimes 1, as shown in the attached Table 1, such as theft of golding materials with KRW 208,734,60, the market price of the said victim’s ownership at 36 times.

2. On February 10, 2010, Defendant B received the request from the above “M”, which was operated by the Defendant himself/herself, for the 110 money of the gold accessories owned by the said victim, as described in paragraph (1).

The Defendant knowingly assisted the transfer of stolen goods at KRW 13,234,00 from the former N on the same day by selling the stolen goods at KRW 13,234,00, and arranging the transfer of stolen goods at KRW 171,109,000, in total, on 23 occasions, as indicated in the list of crimes in the attached Table 2.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement to J and P;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each receipt, detailed statement of miscellaneous exchange, investigation report (related to additional disposal of precious metals), investigation report (related to the NLF exchange office);

1. Relevant Article 329 of the Criminal Act and subparagraph A of the option of punishment: Defendant B: Article 362 (2) and Article 362 (1) of the Criminal Act (generality, choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, Defendant A [decision of the type] among the larceny crime group, the theft type two (general theft) for general property.

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