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창원지방법원 2014.07.04 2014고단1330
특수절도등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 50,000 won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On February 12, 2014, at around 02:00, Defendant A cut off, in a singing room managed by the victim E of the window of Changwon-si, the pipe that was prepared in advance and then sucked into the singing room, cut off, and sprinked up at 20 to 30cm, which was connected to each room, and sprinked into the singing room, and then was prepared in advance and cut off, and then cut off at 5 km from the date and time to May 30, 2014, the Defendant cut off, as indicated in the attached list of crimes (1) at least nine times in total, the pipe amounting to 498,000 won at the market price.

2. Defendant B is a person who operates a secondhand shop in the name of “G” from the window F of Changwon-si.

On February 12, 2014, the Defendant purchased air pipes, wires, etc. owned by the victim E, which were stolen by A from the above G, as seen above.

In such cases, the defendant, who is engaged in the water-related business, has a duty of care to verify whether he/she is stolen by properly examining the pipe, the process of acquiring electric wires, the motive for the sale and the price suitable for the transaction prices, etc.

Nevertheless, the Defendant, while neglecting such care and neglecting the determination on the stolen goods, acquired the stolen goods at KRW 5 km-27,500, as well as acquired the stolen goods from the date and time to May 28, 2014, by purchasing the stolen goods equivalent to KRW 198,00 in total, including air-conditioning pipes, etc., on eight occasions from the above date and time to May 28, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of each police statement concerning E and B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the criminal facts: Article 331 (1) (the point of each special larceny) of the Criminal Act;

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