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(영문) 광주지방법원 2013.09.06 2013고단3462
특수절도등
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for eight months;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. At around 04:40 on February 22, 2013, Defendants A and B committed the crime, around G Co., Ltd.’s scrap metal storage managed by the victim F in Gwangju Mine-gu, Gwangju. Defendant A loaded approximately 1,800 km of scrap metal that was contained in the scrap metal storage by driving a H-house and carrying them onto the said vehicle at the house installed in the said vehicle. Defendant B, with the network around the said vehicle and loaded the said vehicle at the seat of the scrap metal located in the said vehicle.

The Defendants, together with them from around 05:16 December 26, 2012 to the above date, stolen approximately 11,600 g of scrap metal equivalent to the total market value of KRW 4,756,000 over 18 times, as shown in the annexed crime sight list, and attempted to steals scrap metal over three times, but failed to discover stolen objects.

2. On December 22, 2012, the Defendant of the crime committed by Defendant C purchased approximately 600 kg of scrap metal, which was stolen by A and B, on the Jin-Ground operated by the Defendant in Gwangju Mine-gu, from the Jin-Ground, and acquired stolen goods by negligence in the course of business by purchasing approximately 4,756,00 g of the total market value of the scrap metal, which was stolen 11,60 g of KRW 18 times until February 22, 2013, while he/she neglected his/her duty of care to verify the source and details of the scrap metal, the seller’s personal information, contact details, etc., and acquired the stolen goods by negligence in the course of business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of the defendant A and B;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs taken in each field;

1. Relevant legal provisions concerning criminal facts - Defendants A and B: Article 331(2) and (1) of the Criminal Act (the point of multiple larceny) and Articles 342 and 331(2) and (1) (the point of attempted concurrent larceny) of the Criminal Act - Defendant C: Article 362(1) of the Criminal Act (the choice of fine)

1. Defendants among concurrent crimes - Each of the Defendants.

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