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(영문) 의정부지방법원 2014.11.26 2014고단3591

야간건조물침입절도

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 02:00 on August 23, 2014, Defendant A, at the construction site of a major multi-purpose new building located in Gu-si, Government-si, and at the construction site site site site of the construction site of E, a new building located in Gu-si, Defendant A, went into a new building and forced extraction of electric wires equivalent to KRW 2,00,000, the market price of the victim F, which is the victim F, located inside the building and was constructed inside the building, by hand, until October 3, 2014, Defendant A committed a theft of electric wires equal to KRW 20,728,000, total market price of seven victims owned by the victim by the same method over 14 times, as shown in attached Table 1.

2. Defendant B is a person who is engaged in a water trading business with the trade name “H” in the Gu Government-si.

On August 2014, the Defendant purchased 15 km electric wires equivalent to KRW 1,500,000 at the market price of the victim's non-merchant who was stolen by Defendant A from the above secondhand on the water.

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of the defendant A, while taking into account the developments leading up to the acquisition of electric wires, motive for the sale and the price suitable for the transaction price

Nevertheless, the Defendant, while neglecting the above duty of care and neglecting the judgment on the stolen, purchased the above electric wires from around 45,00 won to around 200 won, from around September 2014, at around four times as shown in the annexed Table 2, purchased the electric wires in total from A to around 278,00 won in total, as shown in the annexed Table 2.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each (Simplified) statement of I, J, K, E, L, M, and N;

1. Loss statement;

1. Application of Acts and subordinate statutes on site photographs, site photographs, and CCTV photographs;

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

A. Defendant A: Article 330 of the Criminal Act

B. Defendant B:

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