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(영문) 서울북부지방법원 2016.07.27 2016고단1441
상습절도
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to 8 months of imprisonment with prison labor on June 8, 200 in Daegu District Court racing support for the night building and larceny, etc., and Defendant A was sentenced to 1 year and 6 months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on July 18, 2001.

[Criminal facts]

1. On July 21, 201, between around 00:00 and around 03:00 of the same day, Defendant A: (a) entered and intruded from the site of a new construction project for the victim F Management Loan in Seoul, China-gu; and (b) opened up the said lending building by hand; (c) opened the wires, telephone lines, and TV lines installed in the building; and (d) opened well with approximately 480 meters of electric wires, approximately 50m of telephone lines, approximately 40m of TV lines, and approximately 40m of TV lines, the sum of the market price of the victim’s management; and (d) from that to April 1, 2016, Defendant A’s crimes committed during the period from that to that of April 1, 2016: Provided, That the phrase “as of December 12, 2015” indicated in No. 19 of the List of Crimes No. 19 is a correction of any clerical error as above.

The total market price of the victims was 450,050,000 won habitually stolen over 32 times, such as the statement.

2. Defendant B is a person who, from around 2008, has been engaged in the sales of high-water goods, such as electric wires, using the trade name “H” in Seoul Jung-gu G.

On March 28, 2016, at the above H office around 15:00, the Defendant purchased approximately 16 km electric wires at the market price, which was owned by the victim K that he stolen from the above H office.

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 the above A, while checking the process of acquiring the above electric wires, the motive for the sale, and whether he/she demands the price suitable for the transaction price.

Nevertheless, the Defendant neglected this and neglected the judgment on the stolen water, thereby purchasing approximately KRW 80,00 from approximately KRW 80,00,000.

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