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(영문) 서울동부지방법원 2016.12.22 2016고단3485

절도

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. From September 16, 2015 to March 17, 2016, Defendant A cut off approximately KRW 650,00,000, total market price of which is KRW 30,000,00, total market price of the victim E, who was loaded on the ground of a warehouse located in the Republic of Korea, from September 16, 2015 to September 17, 2016, including theft of KRW 30,00,00, which was loaded in the front of a warehouse in the Republic of Korea.

2. Defendant B is a person who is engaged in the trading of scrap metal with the trade name of G from Hanam-si F.

On October 11, 2015, the Defendant purchased 23 plastic softs, the victim E and H owned, which he stolen from the above G, from the above G.

In such cases, the defendant, who is engaged in the physical sale business, has a duty of care to confirm and enter the personal information of the above A and to request the acquisition process of plastic scrap, the motive of the sale, and the price suitable for the transaction price, etc., and to verify whether the goods are stolen.

Nevertheless, the Defendant, while neglecting such care and neglecting determination on the stolen goods, purchased at KRW 52,00,00 of the price in addition to purchasing KRW 23 of the plastic scrap at KRW 52,00, from March 17, 2016, from March 17, 2016, the Defendant purchased KRW 15,255km in total at KRW 4,537,00 in total, from March 17, 2016, and acquired stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each police statement concerning B, I, J, K, L, and M;

1. Each statement and each photograph;

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

1. The application of Acts and subordinate statutes of each internal investigation report, report on occurrence and investigation report (including each attachment);

1. Defendant A of the pertinent Article 329 of the Criminal Act concerning criminal facts: Articles 364 and 362 of the Criminal Act