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(영문) 의정부지방법원 고양지원 2012.10.31 2012고단1302

특정범죄가중처벌등에관한법률위반(절도)

Text

1. Defendant A shall be punished by imprisonment for three years.

Seized evidence 1 to 6 shall be confiscated.

Seized evidence No. 15.

Reasons

Punishment of the crime

Criminal records A was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on November 15, 2001. On September 19, 2007, Defendant A was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on May 14, 2008. On September 16, 2009, Defendant A was sentenced to four months of imprisonment with prison labor for special larceny, etc. at the Ansan District Court on May 14, 2008. On September 16, 2009, Defendant A was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on July 15, 201 and completed the execution of the sentence at the female Prison on three times more

Criminal facts

1. On March 31, 2012, Defendant A, who was prepared at the home of the victim E in Goyang-dong, Goyang-si, Goyang-si, Goyang-si, and was prepared in advance, had 80,000 won in cash, which was owned by the victim, 7 gold 1.4 million won in total in the market price, and 2 multi-mons where the market price is unknown.

In addition, the Defendant habitually stolen the property owned by the victims by the same method 24 times from February 26, 2012 to September 1, 2012, such as the list of crimes in the attached Form.

2. Defendant B is a person engaged in sales of precious metals with the trade name called Jongno-gu Seoul Metropolitan Government F.

On August 2012, the Defendant purchased precious metals from the above A, including several hundreds of gold bars, which the female stolen from the above A, on two occasions on September 11, 2012.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify the identity, etc. of A and to verify whether he/she is stolen by properly examining the details and motive of acquisition of the relevant precious metals.

Nevertheless, the Defendant neglected such care and neglected to make a judgment on the stolen goods by negligence, and neglected to do so, with the price of KRW 4 million for a policeman on August 2012, and around September 11, 2012.