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(영문) 대구지방법원 2017.04.13 2016고단5769
특수절도등
Text

Defendant

A's imprisonment with prison labor for the crime of the 2016 senior group 5769 group ruling, and the crime of the 2017 senior group 938 group ruling.

Reasons

Punishment of the crime

On December 17, 2015, Defendant B sentenced Defendant B to imprisonment for a violation of the Electronic Financial Transactions Act at the Daegu District Court on December 17, 2015, and completed the execution of the sentence on May 16, 2016.

1. Defendant A was unable to receive a loan of KRW 3.5 million from Defendant B as one of his/her own debt, and around November 8, 2016, Defendant B demanded that Defendant B pay the loan of KRW 3.5 million. Defendant B paid the loan even if he/she became aware of the bank’s face.

On the other hand, upon Defendant A's request to help Defendant A, Defendant A consented thereto, and Defendants conspired to steal money and valuables in the room.

A. From November 9, 2016, Defendant A operated “F” for the victim E’s operation in Daegu-gu, Daegu-gu, around 05:23, 2016, Defendant A brought seven gold bars in the total market price of KRW 6.846,00,000, including one gold crop in the shape of the victim’s own 1.220,000.

As a result, the defendants stolen the victim's property together.

B. Special larceny 1) Defendant A’s “J” bank of the victim I’s operation of H on November 10, 2016 at around 04:17, Defendant A, driving a Habbn-tured vehicle at K, destroyed the said gold door and damaged it. Defendant B, who was seated on the top of the operation of the said vehicle, attempted to steal money and valuables by intrusion into that door, but did not enter the said door because the said door was not opened.

As a result, the Defendants attempted to steal the money and valuables of the victim, but did not go through such intent because they did not intrude the said money and valuables.

2) Defendant A is L on November 10, 2016, 104:25 on the racing market.

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