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(영문) 창원지방법원 통영지원 2013.06.04 2013고단221
특수절도
Text

Defendant A shall be punished by imprisonment for one year, and by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

On August 20, 2010, A was sentenced to four months by the Changwon District Court for a violation of the Road Traffic Act (Unlicensed Driving) and completed the execution of the sentence in the Busan Correctional Institution on December 18, 2010.

1. Around January 2013, Defendant A, along with E, has gone through the vicinity of the building site of G lending in Gyeongsung-gunF in Gyeongnam-gun, and the said building site has not been properly managed. Around the end of this year, Defendant A and the president of the said building company wished to repair the building materials which were filled in in in the name of the president of the said building company.

Accordingly, the Defendant, along with E, loaded the building materials at the construction site from 12:30 on February 2, 2013 to 13:00, the victim D, a construction business operator, completed the construction of the above sub-building with the first floor, and loaded them to the above 5 tons of truck by using the cresh in loading the building materials without any particular surveillance, as if he/she was a person entitled to bring the said materials. In the manpower office, two persons are filled by the two persons at the manpower office and H5 tons of truck, each of which is the victim’s possession, 130, 100, 100, 100, 100, 100, 100, 50, 100, 100, 50, 50, 00 poppy poppy poppy, 20, and 40 cross pipes pipes.

Accordingly, the Defendant, together with E, stolen building materials equivalent to KRW 5,940,00 in the market price owned by the victim.

2. Defendant B’s acquisition of stolen property through occupational negligence is a person operating the “J”, a lessee of building materials located in Busan Nam-gu, and is obliged to conduct transactions after checking the identity of the seller, such as identification card or business registration certificate, if there is a person who intends to sell heavy construction materials due to the characteristics of the business in which heavy materials are frequent.

Nevertheless, the defendant around February 4, 2013 confirms the identity of the seller or confirms the origin of the goods.

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