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(영문) 서울중앙지방법원 2013.09.24 2013고단4286
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by a fine of one million won, and Defendant C shall be punished by a fine of one million won.

Reasons

Punishment of the crime

1. On April 17, 2008, the Defendant: (a) was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s Busan District Court’s Branch on April 17, 2008; and (b) was habitually a person with the same electric power four times; (c) was found to have been stolen and attempted to steals electric wires worth KRW 27,300,000,000 in total over 10 times, including cutting off three electric wires, which were prepared in advance, from the construction site near the Yandong Station in the Seocho-si Station in the early 2012.

2. Defendant B and C had a duty of care to verify the seller’s personal information and enter the seller’s personal information and to verify whether the seller is a stolen property by properly examining the source and possession of the stolen property, the appropriateness of the price, etc.

Defendant

B (1) On November 27, 2012, the Defendant purchased approximately 100 meters of electric wires owned by the victim’s name and unclaimed boxes, and neglected judgment as to whether the relevant electric wires were stolen, and purchased them at KRW 400,000,00 and acquired stolen goods through occupational negligence without confirming A’s personal information.

(2) On December 22, 2012, the Defendant purchased 80kg of electric wires owned by the victim G, which A stolen at the same place, and neglected to determine whether the relevant electric wire is a stolen object, and acquired the stolen object through occupational negligence by purchasing KRW 400,000,000 without verifying the identity of A.

B. Defendant C (1) around 11:00 on May 12, 2013, the Defendant purchased 80 km of the first-owned electric wire, which he stolen, from the water surface operated by the Defendant located in Sungnam-si H, Sungnam-si, and made a judgment as to whether the relevant electric wire is stolen.

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