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(영문) 대전지방법원 천안지원 2014.07.10 2013고단1862

절도

Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment without prison labor of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Around 00:00 on January 12, 2012, Defendant F (operator G; hereinafter “victim”) located in Seo-gu, Seo-gu, Seocheon-gu E, Seocheon-gu, the Defendant: (a) cut away an amount of approximately KRW 2,585,00 in the market price of plastic raw materials and plastic products owned by the victim and stolen them into the Defendant’s vehicle; and (b) subsequently cut them into the Defendant’s vehicle, and then cut them over 129 times from around that time until September 14, 2013, all of which were indicated in the separate crime list, 63,56km market price of plastic raw materials and KRW 327,364,90 in total, and KRW 90 in total.

2. Defendant B, a person operating plastic recycling business with the trade name of “H,” purchased plastic raw materials and components that he stolen from “A” at the above H office, around January 12, 2012. A around 1, the person engaged in the operation of a plastic recycling business knew that the seller is an employee of a manufacturer of the same kind of product, and was able to easily ascertain whether the source of the product is not the manufacturer’s ownership by telephone, etc., even though he had a duty of care to verify in advance and clarify whether the product was stolen, Defendant B’s duty of care to purchase the product. In full view of his negligence, the person neglected to believe only the horses of the above A, “I will have the right to purchase the product stored at the subcontractor’s office,” and then purchased new raw materials and components from the above A in total at KRW 360,585,00,300 through 360,360,500 through 50,360,000.

Summary of Evidence

1. Defendants’ respective (part) legal statements

1. Witness G and A’s each legal statement (with respect to Defendant B);

1. Protocol concerning the suspect interrogation of each of the Defendants

1. G. G.