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(영문) 청주지방법원 2017.09.15 2017고합142
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

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

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On April 16, 2009, Defendant A was sentenced to imprisonment for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court Branch of the Daejeon District Court on June 23, 201, Defendant A was sentenced to imprisonment for the same crime in the same court on June 23, 201, and was sentenced to three years for the same crime at the Cheongju District Court on September 5, 2013 and completed the execution of the sentence on June 11, 2016.

[Criminal facts]

1. On November 25, 2016, from around 12:00 to around 16:00 on November 30, 2016, Defendant A: (a) opened a studio construction site located in Heung-gu, Young-gu; (b) extracted approximately KRW 2,000 (market price equivalent to KRW 1.4 million) electric wires owned by the victim F, which are allocated inside the inner wall of the building; and (c) cut off electric wires out of the building and cut off them out of the building.

In addition, the Defendant stolen goods worth KRW 7,780,000, total market price from around 17:0 on August 2, 2016 to the above day, as shown in the annexed crime sight table (1).

2. Defendant B is a person who carries on a water-related business under the trade name of “H” from Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu.

On November 1, 2016, the Defendant purchased electric wires owned by the victim F, which were stolen at the site of the studio-built construction of the Heudio in the Heung-gu E in the Heung-gu, Goakdong-gu, Chungcheongnam-gu.

In such cases, a person engaged in the sales of scrap metal has a duty of care to verify whether he/she is stolen by ascertaining the personal information of the seller, and on the other hand, the details of the acquisition of electric wires, motive for the sale, and demand the price suitable for the transaction price.

Nevertheless, unless the defendant neglected the above care and neglected the judgment on the stolen water, he/she purchased approximately KRW 2,000 (or KRW 1.4 million at the market price) from the defendant A due to negligence in the course of business, as well as about KRW 4,000 per kg.

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