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(영문) 수원지방법원 2014.11.19 2014고단3966
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by imprisonment for six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. When the Defendant came to know that the victim Samsung 1-4 roads in Samsungsung, Co., Ltd. was working as C and that the pipe owned by the victim was not properly managed, Defendant A was able to steal the pipe by using any gap in holidays or employees’ retirement.

On December 29, 2013, at around 08:58, the Defendant used 2,550,000 won, which was cut off from the victim’s warehouse, to carry 4 drums with the same pipe, and carried them into the freight trucking from August 21, 201 to that time, as shown in the annexed list of crimes (However, the date of the crime No. 74 was corrected to July 7, 2013) as shown in the annexed list of crimes (the date of the crime No. 74 was corrected to “ July 7, 2013”).

In this regard, the defendant habitually stolen the property owned by the victim.

2. Defendant B, from March 20, 2003, operated a secondhand shop with the trade name of “F” in the Gosi-gu, Gosi-si E from March 20, 2003, and was transferred from Apr. 10, 2012 to Gosi-si G and operated the secondhand shop with the same trade name.

The Defendant neglected to perform his/her duty of care to verify whether a person engaged in the business of selling solid goods was stolen by taking into account the developments leading up to the acquisition and sale of solid goods from a person who intends to sell solid goods, and purchased the same pipe owned by the victim, as described in paragraph (1), from August 21, 201 to December 29, 2013, on nine nine occasions, as described in paragraph (1).

In this way, the defendant respectively acquired stolen goods by occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Details of account transactions and copies of bankbooks (Evidence Nos. 7, 18, 20);

1. CCTV photographs and CDs (Evidence Nos. 12,21);

1. Business registration certificate;

1. Habituality: The same criminal act has been repeated for a long time and the number of times is very high.

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