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(영문) 부산지방법원 2016.04.06 2015고단3123
특수절도
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. The summary of the facts charged is Defendant A who works as the head of the U.S. dollars of the apartment building D in Busan, and is engaged in the management of recycled products, such as scrap iron and marb, discharged by residents in the above apartment building, and Defendant B is the collecting business entity of solid goods.

1. Defendant A

A. On August 12, 2014, around 12:00, the Defendant, at around 105, disposed of at his/her own discretion, after collecting 200 Kgs of recycled products, such as the low-satise steel and satis, owned by the residents of the above apartment, from among the persons who suffered damage from the above D apartment 105 underground, which were driven by B.

B. On October 2014, the Defendant, at around 12:00, disposed of at least 200 Kg of recycled goods, such as scrap iron and scrap iron in the market value, which is the victim’s possession, in the foregoing manner at the above location, and disposed of at his own discretion on the foregoing vehicle driven by B.

(c)

At around 12:00 on November 21, 2014, the Defendant: (a) collected the amount of 200 Kg of recycled goods, such as scrap iron and scrap iron in the market price owned by the victim; and (b) disposed of them at his own discretion on the foregoing vehicle that B driven.

2. Defendant B acquired recyclables, such as scrap metal and scrap metal, in each of the dates, places specified in the above paragraph (1), while being aware that they were stolen, on the foregoing vehicle that the Defendant driven.

2. According to the records, the representative meeting of occupants of the apartment complex of this case or the management lawsuit of the apartment complex of this case does not separately provide for the cost of disposal of waste, such as tring lease and waste furniture, which are dumped without permission by the occupants. Accordingly, the defendant A had the defendant B dispose of waste dumped without permission, thereby bringing about the recyclable product of this case, and the defendant A did not fully bear any personal interest in relation to the disposal of the recycled product of this case.

Defendant

A The act of disposing of the recyclables of this case as a result of the disposal of wastes without permission is for the residents of this case.

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