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(영문) 인천지방법원 2018.07.13 2018고단462
야간건조물침입절도등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 462]

1. On December 17, 2017, at around 23:32, Defendant A intruded into the factory, E-factory, Inc., a victimized company located in Namdong-gu Incheon Metropolitan City, beyond the fence, and cut off nine of the old-ri electric wires installed in the factory ceiling (12,600,000 won at the market price claimed by the victim), which is the owner of the damaged company installed in the factory ceiling, using electric wire cutting machines prepared in advance, and cut off the nine of the old-ri electric wires installed in the factory ceiling (12,60,000 won at the market price claimed by the victim) and cut off the F sealed and 31 ton cargo vehicles.

2. Defendant B is a person engaged in the duty of selling and selling waste cables, etc. with the trade name called “H” from Ansan-gu G.

On December 18, 2017, 07:10, and 07:10 on December 26, 2012, 207, the Defendant purchased gram electric wires equivalent to KRW 12,60,000 at the market price of E-owned company E, a victimized company that he stolen from A.

In such cases, the seller has a duty of care to verify the personal information of the seller, and to verify whether the seller requires the process and source of the acquisition of electric wires, motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected to make a judgment on the stolen water and neglected to do so, the Defendant purchased 650,000,000 won in total, and 1,50,000 won in total, including 150 km and 163 km, respectively, by negligence.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of I;

1. Police seizure records and list of seizure;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 330 of the Criminal Act

B. Defendant B: Articles 364 and 362(1) of the Criminal Act; selection of fines

1. 경합범 가중 ▷ 피고인 B : 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조

1. 노역장 유치 ▷ 피고인 B : 형법 제 70조 제 1 항,...

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