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(영문) 대전지방법원 2014.12.22 2014고단2526
특수절도등
Text

Defendant

A Imprisonment for 6 months, Defendant B, C, and E shall be punished by a fine of 1,00,000 won, and Defendant D shall be punished by a fine of 2,00,000 won.

Reasons

Punishment of the crime

1. On December 2013, 2013, the Defendant: (a) removed, in its hand, one ethyl ethyl metring (mixd with a drainage) owned by the victim Sejong-si, the front-dong surface of the victim Sejong-si, which was installed on the drainage route of Sejong-si, Gun roads, from 23:00 to 24:00 on the date of the lower order; and (b) loaded the H cargo, which is owned by F, in loading the H truck.

2. Acquisition of goods by occupational negligence:

A. Defendant B is a person who is engaged in the duty of selling and buying goods under the trade name called J-S-S-S-S-S-S-S-S-S-S-W

On March 26, 2014, at around 12:00, the Defendant purchased 77 Aluminium safety bars, which was cut in an amount of KRW 1,994,30, the market price, which was the ownership of the victim Sejong Corponed, that he stolen from F from the above Jinlic.

In such cases, the defendant, who is engaged in the business of selling and buying used goods, has a duty of care to verify whether the goods are stolen by ascertaining the F personal information, etc., and by properly examining the developments leading up to the acquisition of the goods, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant acquired the stolen goods by negligence in the course of business after purchasing the safety salary at KRW 124,00, which was cut off due to negligence, although the Defendant neglected the above care and neglected to make a judgment on the stolen goods.

B. Defendant C is a person who is engaged in the sales of high water with the trade name of L at C in Sejong City.

From the Hanman on December 2, 2013 to January 2, 2014, the Defendant purchased three parts of the victim Sejong-si, the market value of which is equivalent to 80,000 won, which was owned by the F, from the victim Sejong-si, and the victim Sejong-si joint signature of the victim, at least 60,000 won of the market value, and at least 4,50,000 won of the market value.

In such cases, whether the defendant, who is engaged in the business of selling and buying used goods, has verified and entered the F personal information, and whether the defendant demands the acquisition process of the used goods, the motive for the sale, and the price suitable for the transaction price.

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