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(영문) 의정부지방법원 2017.02.02 2016고단3166
특수절도
Text

Defendant

A and B shall be punished by imprisonment for one year.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A From September 9, 2013 to October 20, 2015, A is a person who worked at the F Center of the E-Related Electronic Repair Service Co., Ltd., which is operating the Phphone Official Repair Center for Victims, as an Aphone repair engineer, and Defendant B is a person who worked at the F Center as an Aphone repair engineer from May 19, 2014 to October 20, 2015.

The Defendants, in the case of Aphones, shall not repair the Aphones or replace its parts in the event of a malfunction, but recover the Aphones from the Aphones and instead take back the Aphones from the Aphones from the Aphones in the event of the Aphones and instead take off the Aphones from the Aphones, which are recovered by the Aphones’ failure in the examination of the Phphones in the course of operating the Aphonesphones system.

The intent was to steal this.

3. Defendant A and Defendant B’s special thief who were working for the F Center as repair engineer and carried out of the phone phone to the name fluor (hereinafter “G”) and cut off the phone.

In other words, I conspired to steal by means of theft.

Accordingly, on September 24, 2015, the Defendants carried out of the F Center the son’s phone subject to repair entrusted by the customer. The Defendants received the son’s phone and received it from the son and deducted the son’s phone equivalent to KRW 300,000 from the market price.

In other words, as described in No. 12 in the list of crimes in the attached Form No. 3, the victim's list owned by the victim who is equivalent to a total of 3,90,000 won in the market price was stolen by means of the theft of 13 phones.

Summary of Evidence

1. Legal statement of the witness H;

1. Some statements concerning the Defendants in the suspect interrogation protocol by each prosecution

1. Statement made by the police with H;

1. Complaint;

1. Application of Acts and subordinate statutes to each copy of a letter of indemnity;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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