beta
(영문) 서울동부지방법원 2016.05.12 2016고단736

주거침입등

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence for eight months of imprisonment for larceny, etc. at the Seoul Eastern District Court on November 18, 2015, and the sentence became final and conclusive on November 26, 2015 and is currently under suspended sentence.

[Criminal facts]

1. Defendant A around January 13, 2016, at around 16:30, Defendant D apartment 3, Gangdong-gu Seoul Metropolitan Government, for the first time in the family of the victim E of △△△△△△△, the second time in possession of Defendant A.

He opened a string door and opened a string door up to the inner door by using the string only keys, and carried three precious metal such as 2.4 million won in total, the market price owned by the victim in the string.

Accordingly, the defendant invadedd the victim's residence and stolen the property.

2. Defendant B is a person who operates a room with the trade name “G” from Songpa-gu Seoul Metropolitan Government F.

On January 13, 2016, around 17:45, the Defendant purchased three precious metals, such as Bags, half-ins, and arms, owned by the Defendant, which he stolen from A.

In such cases, the defendant engaged in the sales of precious metals has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of the seller, and by checking the details of acquisition of precious metals, the motive for sale, and the price at the level of transaction prices.

Nevertheless, the Defendant neglected to perform the above duty of care and did not confirm his personal information, the process of acquisition, etc., and acquired the stolen goods by negligence in the course of business by exchanging the aforementioned precious metal with one net gold framed (50,000 won) and 50,000 won in cash.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution (two times);

1. E statements;

1. Investigation report (Hearing the statement of a shote), investigation report (the tracking of CCTVs for suspects after getting a taxi), and investigation report (the confirmation of damaged articles);

1. A protocol of seizure and a list of seizure;

1. Photographs, copies of a purchase site, and goldproof CCTV;

1. Previous convictions in the judgment against Defendant A: Application of the provision of a reply to inquiries, such as criminal history, etc.