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(영문) 인천지방법원 2015.03.26 2015고단563
야간건조물침입절도등
Text

Defendant

A shall be punished by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On December 14, 2014, at around 04:01, the Defendant opened a door of “F” operated by the victim E in Seo-gu Incheon, Seo-gu, Incheon, which was not corrected, and infringed upon the inside of the said factory, and loaded down the kel plate 1, 5, and 2, etc., of the total market value of the victim’s ownership at that place, which is equivalent to the total amount of KRW 789,600, 789,600.

B. On December 28, 2014, at around 01:54, the Defendant opened and intruded the locks of the above factory entrance into a drick, and then loaded and stolen the above factory entrance’s locks into a drick, and the total market price owned by the victim, which is equivalent to the total amount of KRW 692,40, 3, 500, and CheongHa-dong 2, etc. into a hick.

2. Defendant B is a person engaged in the trade of scrap metal, etc. with the trade name “G” in Seo-gu, Incheon. A.

At around 10:00 on December 14, 2014, the Defendant: (a) purchased nitroel plates 1, 200, 5, and 2, etc. owned by the victim E, who he stolen from A in the above secondhand on the water; (b) in such a case, the Defendant, who is engaged in the trade of scrap metal, shall confirm the seller’s personal details, etc. and enter the seller’s personal details in the account book; and (c) acquired the above nitroel plates, etc. by negligence, who neglected to make a decision on the stolen while neglecting the duty of care, and acquired the stolen goods by purchasing at 430,000 won of the price of the stolen goods.

B. On December 28, 2014, at around 07:30, the Defendant purchased the victim E-owned nitroel board 3 and Cheongdop board 2, etc., which he stolen from A from the above secondhand on the water surface. In such a case, the Defendant, who is engaged in the sales of scrap metal, has a duty of care to verify the seller’s personal information, etc., and enter the details of the acquisition of the goods in the account book, the motive of the sale, etc., into the account book.

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