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(영문) 광주지방법원 순천지원 2018.07.05 2018고단913
절도
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, the Defendants are above two years from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a secondhand shop with the trade name called D from the South Ycheon-si, the South Ma.

On January 8, 2018, at the construction site as indicated in the above Paragraph 1 above, the Defendant: (a) got phone from F with a mind to cut and sell building materials owned by the victim E; (b) in response to this, the Defendant driven a G store owned by the Defendant to purchase the said building materials, and found it at the construction site.

In such cases, the defendant, who is engaged in the business of selling high-water, has a duty of care to verify whether he/she is stolen by ascertaining the F's personal information and other factors, and the process of acquisition of construction materials, motive for sale, and demand the price suitable for the transaction price.

Nevertheless, the Defendant did not clearly confirm whether the stolen goods were stolen by way of confirming identification cards against F without neglecting the above duty of care, and did not know whether or not it was the stolen goods by occupational negligence, the Defendant purchased at the construction site above the Defendant’s G-lane 760,00 iron pipe in an amount equivalent to KRW 15,20,000, V5,000, the market price of which is equivalent to KRW 3500,000,000, and at the time when the market price is equal to KRW 1,970,000,000 in total, three aviation mags containing 1,970,000,000, in total, and then loaded at KRW 1,504,000 from the construction site above the Defendant’s G-lane to H property operated by the Defendant.

Ultimately, the Defendant acquired stolen goods by occupational negligence.

2. Defendant B is a person who operates a secondhand shop with the trade name of H from South and North Korea City I to South and North Korea.

On January 14, 2018, at the construction site indicated in the above paragraph (1) around 15:00, the Defendant got phone from F with a mind to sell the building materials owned by the victim E by theft and selling them, and in response to this, the Defendant driven the J-house owned by the Defendant to purchase the said building materials and found it at the above construction site.

. In such cases.

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