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(영문) 인천지방법원 2014.02.12 2013고단7516

야간건조물침입절도

Text

Defendant

A Imprisonment with prison labor for one year, and Defendant B for four months, respectively.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A is an employee of a manufacturing company of a mutual heat exchange engine (hereinafter “company”) with “F” operated by the victim E in Nam-gu Incheon Metropolitan City, Nam-gu.

The Defendant, while living in the company dormitory at night, did not work for the company at night, and was in possession of the closure key of the unmanned security system to which the victim was left, rescinded the unmanned security system by cutting off the pipe, which is the main material of the heat exchanger stored in the above company, and sold the sales proceeds to the neighboring high-water and sold them for entertainment expenses.

On January 13, 2012, at around 05:13, 2012, the Defendant revoked the unmanned guard system from the above company to the closure key, and then intruded into the company’s material warehouse and stolen the amount of KRW 1,200,000 at the price of the pipe 100 km, which was the victim’s possession in custody, to the truck, and stolen the amount of KRW 9,149 g, and approximately KRW 109,78,000,00 in total, as shown in the list of crimes in the attached Form (1).

2. Defendant B is a person engaged in the water trading business with the trade name of “H” in Nam-gu Incheon Metropolitan City. A person engaged in the high-water trading business has a duty of care to ask for the source, etc. of high-water at the time of trading of high-water in order to verify whether the purchased goods are stolen or not, to ascertain whether the purchased goods are stolen or not, to specify transaction details in the guidance table, purchase account book, etc., or to ascertain whether they are traded at the price appropriate for transaction rates.

Nevertheless, the Defendant, at around 07:00 on January 13, 2012, neglected to perform the above duty of care in H, and purchased the pipe, which was the victim’s possession that A stolen as above, without any verification, and purchased the pipe at KRW 1,200,000 on the basis of negligence, calculated the amount of KRW 7,60,000 at KRW 760,00 per kg.