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(영문) 의정부지방법원 고양지원 2013.04.25 2013고단107

야간건조물침입절도등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. At night, the Defendant: (a) around 02:0 in order of May 2012, the Defendant: (b) went to the F resources of the victim E operated in Goyang-gu, Goyang-si; (c) and (d) intruded into the said resources in excess of the fence by using the crebs that the victim did not leave; and (d) went to the outside of the fence, the market price of the victim’s possession, which was 20 km and 40 km out of the fence, was 250,000 won.

Accordingly, the Defendant, from around that time to October 2012, stolen property worth approximately KRW 2.250,000,000 in total by the same method eight times, as shown in the annexed crime list 1, respectively.

B. On November 6, 2012, around 00:40 on November 6, 2012, the Defendant attempted to larceny at night buildings, and went to the escape of the Defendant in the middle of the office where the victim E used a cresh in which the victim E does not leave his/her place of view, and went to the open gate, in order to steals an object located in the open gate, and then intrudes into the open gate, and went to the open gate.

Accordingly, the defendant did not commit a theft of the victim's property by impairing the structure, but did not commit an attempted crime.

2. Defendant B is a person who is engaged in the sales of high water in the course of operating a secondhand shop with the trade name of Ilyang-dong, Busan-gu H.

On July 11, 2012, at the end of 11:00, the Defendant purchased 25 Dongditer equivalent to 300,000 won at the market price of the victim E, which he stolen from the above H.

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 his/her personal information, etc., while taking into account the details of the acquisition of Dongradi, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the defendant neglected the above care and neglected the judgment on the stolen.