상습야간건조물침입절도
Defendant
A Imprisonment for two years, Defendant B, and D shall be punished by a fine of one million won, and Defendant C shall be punished by a fine of four million won.
Punishment of the crime
1. Defendant A’s criminal power was sentenced to a fine of 700,000 won for larceny in Seoul District Court’s Southern Branch on July 8, 2003; on April 27, 2004, Defendant A sentenced to a fine of 1 million won for attempted larceny, etc. at the Seoul Southern District Court’s Seoul Southern Branch on May 2, 2007; on May 2, 2007, Defendant A was sentenced to imprisonment with prison labor for 6 months or 2 years of suspension of execution; on April 7, 2011, Defendant A was sentenced to imprisonment with prison labor for larceny, etc. at the same court on April 7, 201; on May 1, 2012, Defendant A was sentenced to 10 months of imprisonment with prison labor for night building intrusion larceny at the Seoul Central District Court; and on January 13, 2013, the execution
Criminal facts
Around March 9, 2015, around March 10, 2015 or around March 10, 2015, the Defendant entered a tent installed at the entrance of the building in the construction site located in Gwanak-gu, Seoul Special Metropolitan City around the new wall, and then invaded the victim G with approximately KRW 1,200,000 electric wires posted at the rubber box for the installation of electric wires and cut off approximately 60 g of electric wires from the market price for electrical construction, and stolen the property owned by the victim habitually from that time to April 21, 2015, as shown in the list of crimes.
2. Defendant B had a duty of care to verify whether the person engaged in the sales of electric wires was the person engaged in the sales of electric wires, personal information of the seller, etc., and to verify whether they were stolen by examining the process of acquiring electric wires and the motive for the sales.
Nevertheless, around 07:00 on March 29, 2015, the Defendant neglected to do so from the “I resources” operated by the Defendant located in Geumcheon-gu Seoul Metropolitan Government H, and did not confirm the aforementioned matters. The Defendant purchased approximately KRW 50 km of the electric wires equivalent to KRW 600,000 at the market price of the victim who was stolen by the said A at KRW 115,000.
Ultimately, the Defendant acquired stolen goods by occupational negligence as above.
3. Defendant C is a person engaged in the trade of electric wires, and the seller’s personal information, etc.