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(영문) 창원지방법원 2019.01.16 2018고단2711
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 was the director of the victim B's public office and C (Suspension of Prosecution)'s agency and D (Suspension of Prosecution) as the vice-director of the above company, and the defendant did not receive monthly pay from the above company, and the defendant did not want to steals the difference that the factory of the above company transferred from Han-do to Busan as he did not receive proper monthly pay, and disposed of the goods of the other company.

1. Joint criminal conduct by Defendant C and C [Special Larceny]

A. The Defendant and C, as seen above, have the intent to steals the said company’s goods and stolen them, and around 14:30 on January 18, 2018, at the above company factory located in Kimhae-si, Kimhae-si, the Defendant: (a) took advantage of his car to carry KRW 2,160,320, total market value of the victim-owned 2,160,320; and (b) C took the same out of the factory by driving the car.

B. On January 31, 2018, the Defendants: (a) committed a theft of KRW 4,320,640 from the Defendant’s possession of the victim’s vehicle by driving the cargo onto the cargo vehicle; (b) around 11:55, the Defendants: (c) used the truck to carry KRW 4,320,640, the total market price; and (d) C, by driving the cargo vehicle and carrying it out of the factory.

Accordingly, the defendant stolen the victim's property two times together with C.

2. Defendant, D’s co-principal (special larceny) and D’s conspiracy to steal and dispose of the said company’s goods as above, and around February 5, 2018, around 13:20, the said company’s factory, and around February 5, 2018, the Defendant, using forking vehicles, stolen KRW 2,160,320, total market value of the victim, and D, by carrying the cargo onto the truck and leaving the factory.

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

3. The defendant's sole criminal conduct (thief);

A. On January 11, 2018, the Defendant: (a) took advantage of the trucking company’s factory; (b) two manufacturing units, which are the victim’s ownership; and (c) KRW 2,160,320, a total market value; and (d) carried the truck out of the factory.

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