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(영문) 춘천지방법원 원주지원 2013.05.14 2012고단994
특수절도
Text

Defendant

A and B shall be punished by imprisonment for eight 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. Joint criminal conduct by Defendant A and B;

A. On August 7, 2012, the Defendants of the crime of special larceny: (a) around August 7, 2012, at the G Building Mar. 1, 2012, the G Building located in F at Won-si, demanded H to load at the vehicle the amount equivalent to KRW 5,130 km of the market price, which is the victim E owned by the victim; and (b) purchased at KRW 2,00,700 from the above H to the purchase price for scrap metal.

As a result, the defendants stolen the victim's property together.

B. On August 15, 2012, the Defendants committed special larceny on August 15, 2012: (a) around August 15, 2012, at the end of the above G Building, sold 19,940kgs equivalent to the gross weight of 19,940km, such as boiler, to the victim E-owned market, by using 25 tons caters and 5 tons of cargo vehicles to I.

As a result, the defendants stolen the victim's property together.

C. On August 22, 2012, the Defendants: (a) around August 22, 2012, at the end of the above G Building, sold scrap metal equivalent to 29,335km of total weight of boiler, etc., such as boiler, to 50 tons by means of 50 tons stacks and 5 tons of cargo vehicles; and (b) on August 22, 2012, the Defendants sold at KRW 9,412,00 to C.

Accordingly, the Defendants stolen the property of the victim jointly.

2. Defendant C’s sole criminal defendant is a person who is engaged in the business of trading, etc. of scrap metal with the trade name “K” in the original cityJ.

On August 23, 2012, the Defendant purchased 29,330 ggs from the above K, which was the victim E who stolen from the victim E.

In such cases, a person engaged in the business of trading, etc. of scrap metal has a duty of care to enter the personal information of A and B in an account book, and to verify whether he/she is stolen by properly examining the details of acquisition of scrap metal, the details of sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen goods in KRW 9,412,00,000, while neglecting the above care.

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