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(영문) 서울동부지방법원 2014.04.25 2014고단256

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

C shall be punished by a fine of KRW 2,000,000.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. On December 29, 2013, from around 23:00 to 04:00 the following day, Defendant A was at the construction site of a new building managed by the victim F in Gwangjin-gu in Seoul Special Metropolitan City during the period from around December 29, 2013, and went to the construction site through a crepan in which he was aware of the parts’ completion of work and the parts installed up to the boundary of the construction site with the knowledge that there is no anything else in the surrounding area, and then intrudes into the construction site through a crepan, after cutting off the wires buried in the inner wall of the building by hand and cutting the wires buried in the inner wall of the building, and then removed the electric wires using a folded knife type (21cc in total length, 9cc in knife) and put them into a bank.

In addition, from around that time to around 04:00 on January 26, 2014, the Defendant intruded into the construction site of a new building by the aforementioned methods at a total of five times, such as the list of crimes (1) as indicated in the attached Table of Crimes (1), and had a cable equivalent to KRW 5,200,000 in total at the market price of the victims.

Accordingly, the defendant invadedd a structure managed by others at night, and stolen the victims' property.

2. At around 07:30 on January 26, 2014, Defendant B purchased 19.96km, the victim I, who was stolen from “H” located in Gwanak-gu, Seoul Special Metropolitan City G, from “H”.

In such cases, the defendant, who is engaged in the business of selling the article, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of A, while properly examining the process of acquiring the old wire, motive for selling, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected such care and did not confirm the personal information of A and enter it in the account book, and purchased the above old electric wire at KRW 120,000 without sufficiently examining the process of acquiring old electric wires.

Accordingly, the Defendant committed the above occupational negligence.