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(영문) 수원지방법원 여주지원 2016.08.30 2016고단420
절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[2016 Highest 420]

1. On March 30, 2016, the Defendant found one bicycle (Amera this writing) at the market price equivalent to KRW 650,000,00, which is the victim D owned by the victim who was corrected at the bicycle storage room located in the original franc basin located in Pyeongtaek-gu, Yangyang-gu, Yangyang-gun, Yangyang-gun, Yangyang-si, Yangyang-do, on March 30, 2016, and cut off with a cres without any reason after he/she found the cres in his/her possession.

We cut the correction device and cut the bicycle.

2. On April 5, 2016, the Defendant discovered one bicycle (the name of goods and the market price omitted) owned by the victim, who was found to know the name that was corrected to a bicycle storage facility in a baby station located in the A-Sacheon-gun A-gun, P.M. on April 5, 2016, and then cut the said bicycle in the same manner as described in paragraph (1).

[2016 Highest 715]

1. On February 13, 2016, the Defendant: (a) discovered the victim E-owned EL MTB bicycle at around 15:49, Chuncheon-si, Chuncheon-si, 2260, and then stolen any cresh in the absence of any gap in the market price of KRW 700,000, which is the victim E-owned by the Defendant.

2. Defendant B is a person engaged in the duties of bicycle repair, sale, etc. in the name of “G” at the street store located in Dongdaemun-gu Seoul Metropolitan Government.

On February 14, 2016, the Defendant purchased one of the two bicycles in the amount of 700,000 won at the market price owned by the victim E, which he stolen from A at the street point of view.

In such cases, the defendant, who is engaged in the heavy bicycle sales business, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of A, etc., while taking into account the details of the acquisition of the bicycle, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the defendant neglected to pay the above attention and neglected to judge the stolen water, but purchased the above bicycle 75,00 won by negligence.

In the end, it is eventually.

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