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(영문) 서울동부지방법원 2013.06.26 2013고단1016

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A Imprisonment with prison labor for three years, and for ten months, for each of the defendants B.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A on Aug. 20, 2008, the District Court of the Republic of Korea was sentenced to imprisonment with prison labor for night intrusion theft at night on August 20, 2008 and completed the execution of the sentence in Daegu prison on March 12, 2009, and was punished for the same kind of crime.

1. Defendant A: (a) around 19:00 on March 15, 201, at around 19:00, the victim E (hereinafter “victim E, 201.11.29”) entered in the list of crimes in attached Form No. 10 until May 1, 2013 (i.e., “10.1.29.1.29.1.29.1.29.1.29.1.29.1.29.1.1.1.200, the victim’s property was stolen over 2.2214 times as the victim’s property was stolen, since the victim’s property was stolen over two hundred and seventy (2.10,000 won). < Amended by Act No. 11417, Nov. 29, 2012>

As above, the Defendant habitually stolen another’s property.

2. Defendant B

A. On April 2012, the Defendant: (a) received a request from A to sell precious metal equivalent to three million won at the market price, which is the one of the victims with no knowledge of the name that he/she stolen, from A; (b) received it after being aware of the fact that it is a stolen; and (c) received it after finding a precious metal dealer operating a tent with no trade name at the entrance of the F market at Yangyang-si, Nam-si; (d) sold it to a person with no knowledge of the name that he/she operated, and arranged the transfer of stolen goods at the price of three million won.

B. Around September 2012, the Defendant received a request from the victims who were stolen from A at the same place and sold precious metals of an amount equivalent to three million won at the market price, which is the victims’ possession, and on the same day, sold to three million won at the price.