beta
(영문) 의정부지방법원 2016.11.25 2016고단4597

야간건조물침입절도

Text

Defendant

A Imprisonment with prison labor of one year and two months, defendant B's imprisonment with prison labor of ten months, and defendant C shall be punished by imprisonment without prison labor of four months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are those who worked for the head of business in F, the victim corporation, from May 201 to May 2010, and Defendant B is those who worked for the delivery order from the above corporation.

The Defendants conspired to steal the source of sanitary site, such as the victim’s NAFin, etc., and Defendant A, around 18:00 on May 1, 2014, had Defendant B contact with Defendant B to store the source and store it easily, and Defendant B stored the source of theft to the warehouse of the victim company in advance according to the above contact.

Defendant

A around 00:00-01:00 on May 2, 2014, at the victim company located in Macheon-si, G, and then intruded into the warehouse of the victim company, and Defendant B accumulated approximately KRW 2,592,80 of the market price of the victim’s possession in advance, which was KRW 1,852 km from the date and time to September 21, 2016. In addition, from the above date and time to September 21, 2016, A stolen all the market price of KRW 275,046,80 of the total market price of KRW 196,462 km over 107.

As a result, the Defendants conspired to intrude a structure at night, thereby thefting the victim’s property.

2. Defendant C is a person who is engaged in the manufacture and sale of disposable products under the trade name of J from Namyang-si, Namyang-si.

On May 3, 2014, the Defendant purchased approximately KRW 2,592,80 of the market value of the Victim F, Inc., Ltd., which he stolen from A at the above J plant, approximately KRW 1,852km.

In such cases, the defendant, who is engaged in the manufacture and sale of disposable products, has a duty of care to confirm whether the goods are stolen by properly examining the details of acquisition of the original land, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care and neglecting the judgment on the stolen goods, purchased approximately KRW 1,852 kg of the above original site in KRW 2,408,00 by negligence.