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Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of four million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
1. The defendant A's night building thief;
A. On July 1, 2019, the Defendant: (a) around 22:44, the victim D, operated by Dongjak-gu Seoul Metropolitan Government, was in front of the material storage of the victim D; (b) opened a door to remove the locking system of the said material storage and intrude into the warehouse by using the password known to the said company; and (c) opened the door to intrude into the warehouse; and (d) opened one electric wire of the market price owned by the victim on the display stand amounting to KRW 316,000,000.
B. On July 4, 2019, at around 03:24, the Defendant came into front of the material storage described in the preceding paragraph, and went into a warehouse by setting up a locker as described in the preceding paragraph, and intrudes into the warehouse, and thereafter, the Defendant carried one electric wire at the market price of 190,000 won owned by the victim listed in the preceding paragraph.
Accordingly, the Defendant invadedd the victim's structure at night on two occasions, and stolen the total market value of 50,000 won owned by the victim, respectively.
2. Defendant B’s occupational acquisition is a person engaged in the trade of used materials, such as waste cables, in the name of “G” in Seoul Special Metropolitan City, Gwanak-gu.
On July 5, 2019, the Defendant purchased two wires equivalent to KRW 507,00 in the market price owned by the victim D, which he stolen from A, around July 5, 2019.
In such cases, there was a duty of care to verify whether a person engaged in the sale of used materials is stolen or not by ascertaining the seller's personal information, etc., while checking the details of acquisition of used materials, the motive for sale, and the price suitable for transaction prices.
Nevertheless, the defendant neglected this and neglected the judgment on the stolen goods, but purchased 1.20,000 won of the waste cable by negligence.
Ultimately, the Defendant acquired stolen goods by occupational negligence.
Summary of Evidence
1. Defendants’ legal statement
1. Statement of D police statement;
1. A complaint filed in D;
1. Statement of transactions;