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(영문) 부산지방법원 2014.01.09 2013고단315
특수절도등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

"2013 Highest 315"

1. On September 10, 2009, Defendant A sentenced two years and ten months to imprisonment for special larceny in the Busan District Court, and completed the execution of the sentence on October 16, 201.

Defendant

A The Defendant, along with E and F, conspiredd with the victim H management I of Gangseo-gu Busan, with the victim-owned Dogdong Line, which was kept in the custody of the victim H.

Accordingly, at around 23:15 on November 3, 2012, the Defendant 23:15, along with E and F, got on and off a low-priced car leased by the Defendant, and E and F covered the plastic paper into a surveillance camera where it was located, and E and F reported her network outside, and the Defendant and F entered over two hours, and carried 1.8 tons at the market price of the victim’s possession located at the same place of work, which is equivalent to KRW 20 million in the market price of the victim’s possession, and 3.5 tons at a freight truck with KRW 20 million.

Accordingly, the defendant stolen the property owned by the victim together with E and F.

B. Defendant B is a person who is engaged in the duty of selling and selling secondhand goods on a secondhand surface without a trade name in Gyeongnam-si, Kim Jong-si.

On November 4, 2012, at around 04:00, the Defendant purchased the amount equivalent to 1.8 tons of the Guridong Line owned by the victim who stolen A, E, and F from the above solid world operated by the Defendant.

In such a case, the defendant, who is engaged in the business of selling high-water goods, had a duty of care to check whether the goods are stolen in a more detailed manner since he well examined the acquisition process and the motive of selling the above old-ri boat to A, etc., and as he tried to sell the goods at the new wall time.

Nevertheless, the Defendant neglected such care and neglected to make a judgment on the stolen goods, but purchased the same ship at the price of KRW 12 million by negligence.

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

"2013 Highest 2152"

2. The Defendant: (a) around 18:00 on July 2, 2012.

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