logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.08.21 2013고단1071
특수절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C, D, and E, on January 3, 2013, examined the factory proposal of the Victim G Co., Ltd., the operation of which was suspended at the time of Sejong Special Self-Governing City F, and conspired to steal cable at the same time, and upon intrusion upon the victim’s factory site between January 18, 2013 and 20:00 on the following day, C cut off electric wires in an amount equivalent to KRW 1,870,00 at the market price of the victim’s possession, which was prepared in advance, and cut off cables at the victim’s factory site, and carried D and E carried the said electric cable onto H cargo vehicle waiting behind the factory.

The Defendant, who is engaged in the business of selling scrap iron, etc. with the trade name of "J" in Daejeon Seo-gu I, and purchased electric cable cables 239 km equivalent to KRW 1,870,00,00 from "J" around January 9, 2013, since the Defendant, at around 17:0, purchased electric cable cables 239 gg from the market price owned by the victim G, which was stolen from "J" and "J" as above, in such a case, the Defendant, who is engaged in the business of selling solid cables, shall verify and enter the personal information of D and E, while taking into account the process of acquiring electric cables, the reason for the acquisition of electric cables, whether to demand price suitable for the transaction rate, etc., even though he/she has a duty of care to verify the stolen wire, he/she neglected to make a judgment on the stolen wire by negligence, and purchased the above electric cable at KRW 1,870,000,00

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

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol regarding D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 364 and 362 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The criminal defendant's punishment shall be determined as ordered in consideration of the value of stolens for sentencing under Article 334 (1) of the Criminal Procedure Act, and the fact that they have no same criminal record;

arrow