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(영문) 대전지방법원 천안지원 2014.05.15 2014고단347

특수절도

Text

Defendant

A and B Imprisonment for 6 months, and Defendant C shall be punished by a fine of 3,000,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. At around 20:00 on November 11, 2013, Defendant A and Defendant B: (a) at the site of the construction of the west-gu F apartment at Defendant B’s expense; (b) Defendant B, who collected high water, brought about a aluminium fluorium owned by the victim (ju) fluium owned by the victim at the present site; and (c) Defendant A, who stolen the aluminium 80 fluorum fluor at the market price of the fluor vehicle at the port.

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

2. Defendant C is a person engaged in the trade of scrap metal, scrap metal, removed recyclables, etc. in H managed by the Defendant located in Dong-gu, Dong-gu, Dong-gu, dong-gu.

On November 12, 2013, at the above H around 08:00, the Defendant purchased 80 Aluminium aluminium owned by the victim (the victim) who he stolen from A.

In such cases, the defendant, who is engaged in the business of buying and selling heavy scrap metal, has a duty of care to verify whether the goods are stolen by properly examining the details of acquiring A's personal information and contact details, the reason why A's acquisition of Aluminium fluium is conducted, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen, purchased the above Aluminium 2.9 million won by negligence and acquired the stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement to I and J;

1. Records of seizure, the scene of seizure, and photographs of seized articles;

1. Application of C’s business registration certificate, purchase account book, C’s copy of measurement slip Acts and subordinate statutes (Defendant A and B);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The fact that Article 62(1) of the Criminal Code is divided, the elderly, and the damage is significant.