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(영문) 창원지방법원 2013.11.08 2013고단2500

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A Imprisonment of 2 years and 6 months, and Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A (criminal record) was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Daegu District Court on June 9, 2011, and completed the execution of the sentence in the third prison of the North Korean Peninsula on February 2, 2013.

【Criminal Facts】

At around 13:00 on May 25, 2013, the Defendant discovered that the windows were not corrected since the date when the Victim G was located in Kim Jong-si, Kim Jong-si’s house, and found that the windows were removed and intruded into the house, and that the Defendant stolen the victims’ goods at an amount of KRW 7,560,000 total market price over six times in total, as shown in the attached Table 1, including one, one, one, one, one, one, one, one, one, one, and one, one, the market price of which is equivalent to KRW 600,000, and one, one, one, and six, from that time to August 7, 2013, the Defendant stolen the victims’ goods at an amount of KRW 7,560,000 in total, as indicated in the attached Table 1.

Accordingly, the defendant habitually stolen another's property.

2. Defendant B is a person engaged in the purchase and sale of precious metals in the name of “I” in 101 of the first floor of HA building in Kimhae-si.

On May 6, 2013, the Defendant purchased 18K 18K counter-in amounting to KRW 292,00,000 at the market price of embezzlement of stolens A possessed by A.

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

Nevertheless, the Defendant, while neglecting the foregoing care, purchased the precious metal which was stolen from May 30, 2013 to July 31, 2013, as shown in attached Table 2, and purchased the said precious metal in total at KRW 3,059,000 on five occasions, as well as purchasing the relevant precious metal as described in paragraph (1) by negligence, which neglected the judgment on the stolen goods.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. J, E, K.