Text
The sentence of punishment against the Defendants shall be suspended separately.
Reasons
Punishment of the crime
Defendant
B is a person who collects waste, and the defendant A is a person who purchases and sells scrap metal, scrap paper, etc. in his/her trade name.
1. Defendant B, around 12:40 on January 5, 2015, at the end of the “GGGGGGGGGGGGGF” located in Busan FY, the Defendant: (a) discovered 20 poppy steel scrap metal in an amount equivalent to KRW 150,000 at the market price that the victim H was laid to construct a roof of the recycling garbage separation plant; and (b) stolen it by means of discovering 20 scrap metal scrap metal to the LGG.
2. At around 15:00 on January 5, 2015, Defendant A purchased 20 poppy steel scrap metal equivalent to 150,000 won at the market price owned by the victim H, such as the above B, which collects solid goods from “E located in Busan B” on the water surface.
As such, the Defendant, who is engaged in the trade, etc. of solid goods, has the duty of care to verify whether the goods were stolen by examining well the details and source of the acquisition of the scrap metal purchased from the above B, the motive for the sale, and the demand for the price appropriate for the transaction price.
Nevertheless, the Defendant purchased about KRW 4,00 with approximately 4,00 of the price, and acquired stolen goods by negligence, although the Defendant neglected the above care and neglected the judgment on the stolen goods.
Summary of Evidence
1. Defendants’ respective legal statements
1. A statement prepared by H;
1. Application of Acts and subordinate statutes to a report on investigation (field investigation, etc.), the closure of CCTV suspects, and the investigation report (verification of market prices around the scrap rail, etc.);
1. Relevant Articles 329 and 362 of the Criminal Act concerning criminal facts and subparagraph A of the option of punishment: Defendant A under Article 329 of the Criminal Act;
1. Defendant B to be deferred: Fine of 1,000,000 won A: fine of 500,000 won;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act for the detention in a workhouse;
1. The Defendants, under Article 59(1) of the Criminal Code of the Republic of Korea, are opposed to the recognition of the instant crime, the Defendants have no same criminal record, and the Defendants have no same criminal record.