beta
(영문) 서울서부지방법원 2016.12.20 2016고단2961

절도

Text

Defendant

A shall be punished by imprisonment with prison labor of ten months, and by a fine of five hundred thousand won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[Defendants] 2016 Highest 2961

1. Defendant A stolen the construction section at the construction site where the cost of living is deficient, and sold it, and received money for living.

On July 31, 2016, at the construction site of the building located in Mapo-gu Seoul Metropolitan Government on July 17:22, 2016, the Defendant used 7 tools, including 1,460,000 won and 1,460,000 won and 1,20,000 won and 1,20,000 won and 1,20,000,000 won and 3,000 won and 7,00,000 won and 1,000,000 won and 1,000,00

Accordingly, the defendant stolen the victim's property.

2. Defendant B is a person engaged in the business of purchasing and selling heavy tools on the Defendant’s leftboard near the “F Park” located in Yeongdeungpo-gu Seoul Metropolitan Government.

At around 11:00 on August 4, 2016, the Defendant purchased 7 points equivalent to the total market value of the victim D, which he stolen from A, in total, KRW 1,460,00.

In such cases, the defendant, who is engaged in the business of selling secondhand tools, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. A, while taking into account the process of acquisition of the construction section, motive for sale, and price suitable for the transaction price.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen goods, thereby purchasing the construction section in KRW 130,000 by negligence.

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

around 18:20 on September 3, 2016, the Defendant: (a) put up the house construction site located in Eunpyeong-gu Seoul Metropolitan Government G into the site of housing construction; (b) put it into the site; (c) put it into the site; and (d) put up three strings (original saw) which are equipment on the market price managed by the victim H; and (d) put out three strings (original saw) which are equipment on the market price managed by the victim H; and (c) cut off in the ceiling shopping bags prepared in advance.

Summary of Evidence

"2016 Highest 2961"

1. Defendants’ 1.