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(영문) 대전지방법원서산지원 2020.11.11 2020고단955

야간건조물침입절도

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[Defendant A] The defendant shall be punished by imprisonment for eight months.

Seized evidence 1, 2, and 6 shall be confiscated.

[Defendant B] Defendant B

Reasons

Punishment of the crime

1. Defendant A

A. On August 6, 2020, the Defendant, from around 21:01 to 22:30 of the same day, committed the crime of August 6, 2020, by using any cresh in the construction site of “D” located in “D” in “D” located in the Si of Jin-si from around 21:01 to around 22:30 of the same day, he used the cresh and opened an entrance that was not corrected in the warehouse, and intrudes into the entrance, and made it easy for the Defendant to take out and transport out the 4,400,000 old electric wires prepared and kept approximately 220 meters in advance at the market price managed by the victim E, and loaded them into the Defendant’s FE-E T-ray.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

B. On August 21, 2020, the Defendant: (a) from around 22:50 on August 21, 2020 to 01:00 on the following day from August 21, 2020, opened a window that was not corrected in the warehouse mentioned in the preceding paragraph; (b) intruded into the door, and made it easy for the victim E to have prepared approximately KRW 120,000 in advance, and carried the 120 meters of the old electric wire at the market price managed by the victim E, to transport it out, and then cut off on the vans listed in the preceding paragraph, which was parked in the nearby area.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

2. Defendant B is a person engaged in the business, such as trading of heavy metal, while operating the “H” in Si-si, Si-si. A.

On August 8, 2020, the Defendant purchased approximately 220,00,00 old electric wires of KRW 4.4 million at the market price of the victim E, which he stolen from H, around 14:30 on August 8, 2020.

In such cases, the defendant, who is engaged in the business of buying and selling heavy metals, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of A, and the reason why he/she acquired the former electric wire, the motive for the sale, and the price suitable for the transaction prices.

Nevertheless, the defendant is guilty.