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(영문) 전주지방법원 군산지원 2015.05.13 2015고단58

특수절도

Text

Defendant

A Imprisonment for one year, Defendant B’s imprisonment for six months, and Defendant C shall be punished by a fine of two thousand won, respectively.

Defendant .

Reasons

Punishment of the crime

1. Defendants A and B conspired to cut the electric wires installed in a building to sell the said electric wires on the water and distribute the sales proceeds.

At around 01:30 on November 20, 2014, the Defendants: (a) cut off the market value of FCV Cables 3,428,000 won owned by the victim I to cut it, and (b) cut it to J Poter, and then cut it into a total of six times from around that time to January 7, 2015, the Defendants stolen electric wires, etc. equivalent to KRW 65,628,00 from the victims in total, as shown in the attached list of crimes (1).

As a result, the defendants stolen the victims' property together.

2. The Defendant C is a person who operates a L property shop in C in C when he is in harmony with the Defendant.

On November 25, 2014, the Defendant purchased approximately KRW 500 km of electric wires, which were stolen, as set forth in [Attachment A] Nos. 1 and 2 in [Attachment A] Nos. 1 and 2 in [Attachment B], from the above L, at KRW 3,000,000.

In such cases, the Defendant had a duty of care to verify the identity of the above A and B, and to verify whether the above A and B were stolen by giving due attention to the developments leading up to holding a large quantity of the above electric wires, etc., and the reasons why the above A and B did not issue a tax invoice, etc.

Nevertheless, the Defendant neglected this and neglected the judgment on the stolen, and acquired stolen goods by purchasing electric wires equivalent to KRW 11,608,300 over three occasions, as shown in the attached list of crimes (2) from around that time to December 18, 2014.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of M;

1. A statement of I, N,O, P, Q and R;

1. Each protocol of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 331(2) and Article 331(1) of the Criminal Act (the point of special larceny) of Defendant A and B.