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(영문) 대전지방법원 천안지원 2017.09.08 2017고단168
절도
Text

1. Defendant A’s imprisonment for six months, Defendant B’s fine for KRW 800,00, and Defendant C’s imprisonment for four months, respectively.

2...

Reasons

Punishment of the crime

Defendant A (Defendant A and occupational embezzlement) has been engaged in material management affairs in Asan City F from October 28, 2013 to Asan City F.C. store in Asan City.

Defendant

A, in the middle of November 2015, in the storage of 2,600,00 g of electric wires of 130 km at the market price of 2,60,000 g, sold by the said company within the warehouse of the victimized Company, A sold electric wires of 130 km to B and C and arbitrarily consumed the price. From around that time to July 9, 2016, A sold electric wires of 9,30,000 g, total market price of 12 times as shown in the annexed crime list (1) from around that time, and arbitrarily consumed the price.

Accordingly, Defendant A embezzled the property of the victimized company.

[Defendant B] 2017 Highest 416 [Defendant B, C]

1. Defendant B

A. Defendant B is a person who engages in the business of collecting and selling secondhand water at the Seo-gu, Seoan-gu, Seoan-gu.

Defendant

B On November 2015, at the G warehouse, the injured company in Asan F, purchase electric wires of the amounting to KRW 2,600,000, the market price of the damaged company A embezzled by A.

In such cases, Defendant B, who is engaged in the water sales business, had a duty of care to confirm the sales process, motive, etc. of the above cable, to demand the price suitable for the transaction price, and to examine whether the owner, the owner, has the permission of the G in charge of the settlement of disputes.

Nevertheless, Defendant B, without due care, neglected to determine whether the goods were stolen, neglected to do so, purchased KRW 200,000 g of the above electric wire at KRW 130 km from that time to December, 2015, and purchased approximately KRW 290 g of the electric wire, which is owned by the victimized company, at KRW 450,000, in total, two times as shown in the list of crimes (2) of the annexed crimes between around that time to December 2015.

After all, Defendant B acquired stolen goods by occupational negligence as above.

B. Defendant B shall acquire stolen goods.

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