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(영문) 수원지방법원 2019.07.09 2019고단2045
절도
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Criminal Justice] On May 4, 2016, Defendant A sentenced 8 months to imprisonment with prison labor for larceny, etc. at Suwon District Court on May 4, 2016, and completed the execution of the sentence in a female prison on December 3, 2016.

【Criminal Facts】

1. At around 14:56 on January 5, 2019, Defendant A: (a) committed theft with two combinations of HIV6S Q Q cable equivalent to KRW 460,00, the market value of the victim E, which was kept in the offline of the D Line, parked in the street near Suwon-si, Suwon-si, Suwon-si; and (b) was located in the offline of the D Line.

2. Defendant B is a person who is engaged in the business of selling and selling high water in G located in Suwon-si F in Suwon-si.

On January 5, 2109, at around 15:10, the Defendant purchased 460,000 HIV6S Q cable from the victim E, which he stolen from the above G, at around 15:10.

In such cases, the defendant, who is engaged in the business of purchasing high water, has a duty of care to verify whether he/she is stolen by ascertaining the personal information A, while he/she has a duty of care to verify the process of acquiring the above electric wire, motive for sale, and demand the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care and neglecting the judgment on the stolen goods, purchased KRW 140,00 by negligence in the course of business that combines two HIV6S Q cable.

Accordingly, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. CCTV image data for committing a crime;

1. Previous records: The application of criminal records and investigation reports (Attachment to the previous records of the same criminal records and the judgment, etc.);

1. Article 329 of the Criminal Act; Article 329 of the Criminal Act; Articles 364 and 362(1) of the Criminal Act; Selection of a fine;

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Defendant A with reasons for sentencing of Article 334(1) of the Criminal Procedure Act; Defendant A had the same criminal records.

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