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(영문) 의정부지방법원 고양지원 2015.01.23 2014고단2564
특수절도
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

Seized evidence Nos. 1 and 5 shall be confiscated from the accused.

2...

Reasons

Punishment of the crime

[Criminal Power] On May 4, 201, Defendant A sentenced Defendant A to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the District Court on the Aggravated Punishment, etc. of Specific Crimes, and on June 29, 2012, Defendant A was provisionally released on September 10, 2012 during the execution of the sentence, and the parole period expired.

【Criminal Facts】

1. On October 20, 2014, the Defendant: (a) cut off the lock-out lock-out system of the warehouse from the plastic greenhouse warehouse located in Yongsan-gu, Yongsan-gu; (b) cut up the lock-out system of the warehouse using the iron bars; and (c) intruded into the lock-out system into the victim E; (d) one set-up system of the amount equivalent to KRW 500,000,000, market price of KRW 900,000; (e) one set-up system of the asphalt-type market price of KRW 500,000,000; and (e) one set-up scheme of the asphalt-type market price of KRW 7,000,000,000, market price of KRW 3.66,00,000; and (e) one set-up cable of the total market price of KRW 1,00,00,00.

2. Defendant B is a person engaged in the water trading business with the trade name “G” from Gyeyang-gu, Gyeyang-gu.

On October 21, 2014, at around 16:00, the Defendant purchased electric wires and closed circuits owned by the victim E, which he stolen from A from the above high water surface.

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of A and the process of acquiring electric wires and closed circuits, motive for the sale, and demand the price suitable for the transaction prices.

Nevertheless, the Defendant, while neglecting such care and neglecting the judgment on the stolen, purchased 8 km and 29 km of the above electric wires from 176,000 won and acquired stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each police seizure record, each list of seizures;

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