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(영문) 인천지방법원 2012.12.14 2012고단4903

절도

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by imprisonment without prison labor for six months.

Defendant

B W Written confirmation of measurement shall be 35 copies.

Reasons

Punishment of the crime

1. On April 8, 201, at around 15:00 on April 15, 201, Defendant A, while working as an employee at the Dispute Resolution Council for the Operation of the Victim I in Seo-gu Incheon, Seo-gu, Incheon, Defendant A, in mind, had the victim take a theft of scrap metal in other business places, such as a drum in an amount of KRW 1,100,400 on the market price loaded therein, and took 2,620 g of scrap metal, such as a drum in an amount of KRW 1,100,400 on the market price loaded therein, and stolen it thereafter.

8. From 24.10:00 up to 20:00, the scrap metal amounting to 30,792,000 won in total was stolen on 31 occasions as stated in the separate crime list (i).

2. Defendant B is a person operating a secondhand shop with the trade name, Seo-gu, Incheon.

At around 15:00 on April 8, 201, the Defendant purchased 2,620 km, such as a drum, etc. equivalent to KRW 1,100,400, the market price of the victim I owned by the Defendant at the above K, as described in the above paragraph (1). In such a case, the Defendant, who is engaged in the business on the water, had a duty of care to confirm whether the goods were stolen by examining well the background of the acquisition or sale of the said scrap metal and the price suitable for the transaction rate.

Nevertheless, as long as the Defendant neglected the above duty of care and neglected to determine whether the above scrap metal is a stolen, the Defendant purchased 2,620 kg, which is a stolen, from that time, such as purchasing 2,620 kgs as above, from that time to time.

8. From 24.10:00 to 200, scrap metal acquired 30,792,000 won over 31 times, such as the list of offenses (2) in attached Form No. 31.

Summary of Evidence

1. Defendant A’s legal statement

1. I and L respective legal statements;

1. The police seizure record and the list of seizure;

1. A complaint, each statement of money, and each written confirmation of measurement;

1. As the Defendant and his defense counsel did not have any circumstances to suspect whether the scrap metal sold by A is stolen, the crime of acquiring goods through occupational negligence is not established. However, the Defendant and his defense counsel’s assertion regarding each of the Defendant B and the defense counsel did not constitute the crime of acquiring goods through occupational negligence.