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Defendant
A Imprisonment of 10 months, Defendant B shall be punished by a fine of 1,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to 8 months of imprisonment with prison labor at the Chuncheon District Court on January 14, 2015, and Defendant A was all nine times of larceny power, including the completion of the execution of the sentence in the Chuncheon Prison on September 14, 2015.
【Criminal Facts】
1. From around 09:00 to around 10:00 on July 6, 2016, the Defendant: (a) intruded the victim E’s “F” box managed by the victim E in W from around 09:00, to the front of the warehouse through the open-air, and then stolen the waste cable 240 km equivalent to KRW 720,00, the market price of the victim’s possession in front of the warehouse; and (b) during the period from around that time to August 25, 2016, the Defendant cut off all five times the waste cable 1,036 km at a total market price of KRW 3,581,00,00 in total, as shown in attached Table 1, from around that time to around August 25, 2016.
2. Defendant B is a person who is engaged in the trade of waste cables, scrap iron, etc. while operating a secondhand shop with the trade name “H” in Namyang-si, Namyang-si.
On July 6, 2016, the Defendant purchased 720,000 g of waste electric wires equivalent to KRW 720,000 at the market price owned by the victim E, which was stolen by the Defendant from the above secondhand.
In such a case, the defendant, who is engaged in the sales of the waste cable, has a duty of care to verify the personal information of A, etc. and to verify whether the waste cable was stolen by properly examining the process of acquiring the waste cable and the motive of selling it.
Nevertheless, the Defendant neglected this and neglected to make a judgment on the stolen goods, thereby purchasing at KRW 720,00,00 the waste cable 240km, which is the stolen goods, from around that time to August 25, 2016, and purchased at KRW 3,581,00,00 in total, five-time waste cable 1,036km, which is the stolen goods, as shown in attached Table 2, from around that time to around August 25, 2016.
Ultimately, the Defendant acquired stolen goods by occupational negligence as above.
Summary of Evidence
1. Defendants’ respective legal statements
1. The police of E.