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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단637

특정범죄가중처벌등에관한법률위반(절도)

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[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2004, Defendant A received juvenile protective disposition from the Suwon District Prosecutors’ Office as a special larceny, and on September 30, 201, the Incheon District Prosecutors’ Office suspended indictment for larceny.

At around 02:54 on April 8, 2012, the Defendant: (a) stolen or attempted to steals the victims’ property worth KRW 9.422,00,00,000, total market price from around 11,000 to March 29, 2014, by using the key on the entrance, and entering the entrance, and having two computer RAM units at the total market price of 50,000,000 won owned by the victim; and (b) temporarily stolen or attempted to steals the victims’ property worth KRW 9.422,00,000,000, in total, from around 200 to March 29, 2014, as indicated in the list of crimes in the attached Table.

2. Defendant B is a person who is engaged in the business of repairing and selling a computer with the trade name of “H” in Goyang-gu Seoul Metropolitan City G apartment shopping district.

On February 2, 2014, the Defendant purchased three hundred thousand won or more of the market price of the victim I who was stolen by the Defendant from the Defendant, at a middle and high-computer store.

In such cases, there was a duty of care to confirm whether the defendant, who is engaged in the trade in a medium and high-computer, is stolen or not by ascertaining the personal information A and entering the details of the acquisition of the Nowon-do, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, who neglected such care and neglected to make a judgment on the stolen, acquired stolen goods by purchasing 60,000 won of the above Nowon-gu one by negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of the defendant A (two-time in written form) by the prosecution;

1. Each statement of I, J and K;

1. Written statements, investigation reports (CCTV) and investigation reports (or relative investigation, etc. into victims);

1. M;