Defendant

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

Defendant

B The above fine shall not be paid.

Punishment of the crime

1. At around 20:36 on July 19, 2014 and around 21:02 on the same day, Defendant A cut off a clock which amounting to KRW 3 million in total at the market price by means of theft of more than 1,500,000 fixed clocks and 1,000 automatic clocks equivalent to KRW 1,50,000 at the market price of the victim’s ownership, which was kept in custody, to be used for construction works in the open site of building materials for the victim E management of the victim E, located in two weeks each time.

2. Defendant B was a person who is engaged in solid business in Jung-gu Seoul Metropolitan Government G, and around 23:00 on July 19, 2014, Defendant B purchased a clean lamps equivalent to KRW 3 million in total market value from A at the front parking lot of 309 Dong-dong, Seoul Special Metropolitan City, Nowon-gu, 1264, Dong-dong, 309 Dong-dong.

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify the personal information of A and to verify whether a large quantity of lamps are stolen by properly examining the process and motive of acquiring a large quantity of lamps, etc.

However, the Defendant, while neglecting such care, purchased approximately KRW 287,00, a fixed discharge of approximately KRW 1,500 per dog by negligence, and acquired stolen goods by purchasing approximately KRW 2.30,00,000 per dog.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. E statements;

1. Application of field photographs, photographs (CCTV image extract), investigation reports (Attachment to photographs), photographic records, and photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 329 of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 364 and 362(1) of the Criminal Act; the choice of fines

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Probation Defendant A: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act