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(영문) 인천지방법원 2014.10.16 2014고단5869
특수절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a D military oil tank vehicle.

On June 8, 2012, the Defendant: (a) received a proposal from an unqualified person, who was carrying 20,000 liters vehicles in the GSknex Oil Station located in Jung-gu Incheon, Jung-gu, Incheon; and (b) received the said proposal that “I would like to impose money from selling the name,” which was delivered to the 2nd repair unit of the Army as the victim’s military supply owned by the Republic of Korea; and (c) conspired to steal the transit of the name, defective person, and military payment.

The Defendant, according to the above name-free boxes, connected the ices to the valve near the Crorist of the Crorith of the Crorith of the 14,000 liters (1,640.82 won per liter) via military supply of an amount equivalent to 22,971,480 won at the market price of the tank and transferred to the tank 14,000 liters (1,640.82 won per liter) which the Defendant had been in the tank, and put in the tank l4,000 liters, such as being prepared in advance by the winners of the name-free boxes, and put them into the tank l4,00 liters instead of passing through the D tank.

As a result, the defendant stolen the transit of military supply together with the person who was not injured in his name.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the suspicion of, and results from, the mixing of oil for oil for military supply, the results of testing, the results of testing, the notification of the results of detection of active ingredients about the storage of oil for military supply, the date of military delivery, detailed status by unit, the GPS records for used vehicles, the seal management records of military supplies vehicles;

1. Application of Acts and subordinate statutes to an investigation report, investigation report (report on the average supply price for each product), internal investigation report (report on the confirmation of the average supply price for each product), and report on internal investigation (verification of the details of receipt of any specific tank driver and oil subsidy);

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act can be seen as having been highly likely to inflict harm on military personnel's life or body in addition to theft damage if not discovered.

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