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(영문) 부산지방법원 2015.03.25 2015고단601
절도
Text

Defendant

A and B shall be punished by imprisonment for six months, and Defendant C shall be punished by imprisonment for four months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A: (a) around 05:20 on September 25, 2014, he was employed as a production worker in the victim Frash Work Office, Frash Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., in Kimhae-si, and subsequently, Defendant A stolen the scrap metal of KRW 11,718,90 in total amount of the market price owned by the victim and KRW 197,200 in the market price owned by the victim, and transferred the scrap metal of KRW 197,200 in the market price of the victim, which remains after the victim’s supervision was neglected; and (b) stolen the scrap metal of KRW 11,718,90 in the market price owned by the victim over 213 occasions, as indicated in the attached Table

2. Defendant B, at around 00:55 on September 20, 2014, who was employed as a production worker in the Frash work room as indicated in paragraph (1) of this Article, stolen scrap metal worth KRW 12,452,600, total market price of the victim’s possession over 228 times in total, including where Defendant B transferred 400 g of scrap metal equivalent to 116,000 won at the victim’s market price owned by the victim, while Defendant B was employed as a production worker in the Frash work room as indicated in paragraph (1) of this Article, and transferred 400 g of scrap metal at the victim’s own market price.

3. Defendant C is a person who operates the secondhand shop with the trade name of “H” in Busan-gu G.

Defendant

C around 09:40 on September 25, 2014, as described in paragraph (1) at the above H, purchased 680 km of the market value of the victim F Co., Ltd. F, Ltd., which was stolen by A, from A. In such a case, a person engaged in the business of operating the secondhand property, has a duty of care to verify whether the seller’s personal information, the process of acquiring or selling the secondhand metal, and whether the price suitable for the transaction price is demanded.

Nevertheless, Defendant C neglected to perform the above duty of care and neglected to determine whether the said scrap metal is a stolen, as seen above, by negligence, and thereby purchasing 680km, which is a stolen, from October 12, 2012 to September 25, 2014.

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