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(영문) 서울북부지방법원 2020.01.17 2019고단4274

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul District Court on March 25, 2003. On July 6, 2010, the Seoul Western District Court sentenced two years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on July 6, 201, and on November 16, 2016, the Seoul Southern Southern District Court sentenced two years and six months to imprisonment with prison labor for night residence intrusion larceny, etc. and completed the execution of the sentence on January 10, 2019.

1. On July 22, 2019, around 20:30 on July 2, 2019, Defendant A discovered F, a residence of the victim E, in which he was opened with the brupted window of the brupted by fire, and opened a brupted window which is not corrected after going to the brupted f, and intruded into it, Defendant A stolen the property equivalent to KRW 18,870,000, a total of six owners of the victim’s six times in total, as described in the attached list of crimes (1) by September 21, 2019.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times due to larceny, the defendant intruded another person's residence at night during the period of repeated crime and stolen the victims' property.

2. Defendant B is a person engaged in sales business of precious metals with the trade name “I” at H at the time of the Government of the Republic of Korea.

When the Defendant purchased gold bars, etc. equivalent to 20 million won owned by A from the victim J, which he had stolen from the said I around August 6, 2019, the Defendant acquired stolen goods by negligence by neglecting his duty of care to confirm whether he is stolen by ascertaining the seller’s personal information, etc. while taking into account the details of the acquisition of precious metals, the motive of sale and the demand for the price suitable for the transaction rate, etc.