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(영문) 인천지방법원 부천지원 2016.03.31 2016고단315

상습절도

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment without prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On December 16, 2015, Defendant A, at the construction site located in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant: (a) prepared a oil pump equivalent to approximately KRW 2,000,000, total market value of the victim F, who was loaded on the above site; (b) loaded the G wing-si and loaded it into the G wing-si, and stolen it.

In addition, from February 2012 to January 2016, the Defendant habitually stolen construction materials, such as 36,217,000 won in total, from around 19 times as shown in the annexed crime sight table (1).

2. Defendant B is a person engaged in the trade of building materials, such as loppy pumps, under the trade name of “I” in Soyang-si H in Yangyang-si H.

Around December 16, 2015, the Defendant purchased the loppy pumps equivalent to approximately KRW 2,000,000 in total from the market value of the victim F that he stolen from A.

In such cases, the defendant, who is engaged in the trade of construction materials, such as the water pumps, has a duty of care to verify whether he/she is stolen by ascertaining his/her identity and entering in the book, while properly examining the process of acquiring the water pumps, motive for sale, type of transaction, etc.

Nevertheless, the defendant neglected to pay the above attention and neglected to judge the stolen water, and the defendant purchased the pump in KRW 1,000,000 by negligence.

In addition, from February 2012 to January 2016, the Defendant purchased construction materials, such as water pumps equivalent to the sum of KRW 92,584,00 (based on the purchase price) from A 97 times, such as the weather table (2) in attached Form Nos. 92,584,00 (based on the purchase price).

Accordingly, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to J;

1. Each written statement of K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, and Z;

1. On-site photographs, on-site maps and CCTV photographs, CCTV data for road crime prevention, details of deposits into and out of accounts, photographs of search and seizure inspection sites, respectively;