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(영문) 서울중앙지방법원 2014.07.24 2014고단3464
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

While the Defendants worked as an employee in an entertainment drinking house, they reported that they were locked by drinking alcohol, stolen cell phone rinks containing a mobile phone and cash card, and conspired to withdraw cash in order to engage in sexual traffic.

1. On June 16, 2012, around 04:30, the victim F was under the influence of the victim F at 1 studio of the “E” entertainment tavern located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the victim F, Defendant B, and the victim’s mobile phone cases containing cash of KRW 200,000 and cash cards, etc., reported the victim’s mobile phone cases to “G”, and the Defendant A consented to such defects.

Then, Defendant A left the cell phone gate 1, cash 20,000 won and the cell phone cream card in the market price on the line with Defendant B, which is located on the line with Defendant B.

In this way, the Defendants jointly stolen the victim's property.

2. On June 16, 2012, at around 06:11, the cash withdrawal machine of the building in Seongbuk-gu Seoul Seongbuk-dong, Seongbuk-gu, Seoul, 88-33, Defendant A, using the fact that the victim F was aware of the secret number of the cash card by making cash withdrawal prior to locking, Defendant A had female employees of G sexual traffic business establishments enter the cash card owned by the victim during the said cash withdrawal machine and withdraw the password amount of KRW 300,000,000,000 owned by the Korean Credit Information Company, and Defendant B divided part of the cash withdrawal.

In this way, the Defendants jointly stolen the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each police suspect interrogation protocol regarding Defendant B;

1. The police statement concerning F;

1. Investigation reports (to visit the place of occurrence and to secure CCTVs for initial cash withdrawal);

1. On-site photographs;

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