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(영문) 서울중앙지방법원 2019.03.27 2019고단535

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A Imprisonment with prison labor of one year and six 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 six months of imprisonment with prison labor for larceny at the Seoul Eastern District Court on December 24, 2015; on October 21, 2016, the Seoul Central District Court sentenced ten months of imprisonment with prison labor for larceny; on November 17, 2017, the Seoul East East District Court sentenced ten months of imprisonment with prison labor for larceny and completed the execution of the sentence on July 30, 2018.

【Criminal Facts】

A. On November 14, 2018, at around 02:53, 2018, the Defendant opened a steering house that was parked by the victim D in the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (hereinafter “EMW car”), and stolen the money in cash owned by the victim, KRW 760,000, KRW 50,000, and KRW 50,000.

B. On November 18, 2018, at around 03:42, the Defendant opened a front door that was parked by the victim G at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government F Lending parking lot, and cut off the Defendant with 648,000 won in cash owned by the victim and 14 kms in amounting to KRW 1,150,00 in the market price, and one 18 km in the market price.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again stolen the victims' property within three years after the execution of the sentence was completed.

2. On November 19, 2018, Defendant B purchased one half of 1,150,000 won and one half of 18 km in the market price from the “J” of the Defendant’s operation in Gwangjin-gu Seoul Special Metropolitan City, as set forth in paragraph 1(b).

In such cases, the defendant engaged in the precious metal trading business has a duty of care to verify A's identification card, to verify and describe his/her personal information and contact details, and to verify whether he/she has a duty of care to verify whether he/she is stolen by examining well the details of the counter-acquisition, motive for sale, and price suitable for transaction prices

Nevertheless, the defendant neglected the above care and did not use A's phone number.