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(영문) 전주지방법원 군산지원 2014.04.02 2013고단958
절도
Text

Defendant

B Imprisonment with prison labor for ten months and for six months, each of the defendants A shall be punished by imprisonment.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

The Defendants were those who were engaged in delivery service from G Co., Ltd. in F in the following cities operated by the victims E.

Defendant

A, while carrying out the work of delivering the goods of the above company to each gas station, without reporting to the company, there is a paper to sell the goods in possession immediately at the site and receive the price in cash. He voluntarily brought the goods such as gas stations in the company's warehouse, sold them at low prices, and proposed the above crime to Defendant B in the logistics warehouse of the above company located at Ha in Y in Hasan-si around July 2010.

Defendant

B consented to such proposal by Defendant A, and the Defendants, by reducing the goods in the warehouse, sold at a low price to each other’s customer, and agreed to divide the price into two parts.

The Defendants, in accordance with the terms and conditions as seen earlier, from around 200 times to around 200 times from the above warehouse to around 200, from around August 201, 201 to around 5, 201, stolen a gas station promotion product, such as raw water and spact goods owned by the victim, and sold at a price lower than the arm’s length price to the trading station, etc., and divided the price.

As a result, the Defendants conspired to steal the victim's property.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. The defendant B's partial statement in the fourth trial record;

1. The statements made by witnesses I and J in the third protocol of trial;

1. Statement A of a witness in the fourth trial record;

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes on the purchase and sale table 2010, e-mail copies, certificates of delivery, mobile phone text contents, and purchase price table by gas station;

1. Relevant Articles of the Criminal Act and Articles 329 and 30 of the Criminal Act concerning the facts constituting an offense;

1. As to the Defendant B’s assertion of the suspended execution (Defendant A) under Article 62(1) of the Criminal Act.

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