Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Punishment of the crime

1. Defendant A is a person who sets up a tent and engages in sales of precious metals on the side of the Yeongdeungpo-gu Seoul Metropolitan Government C commercial building and without trade name.

At around 13:00 on September 2012, the Defendant purchased two gold bars owned by the victim E from the above tent.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the above D's personal information, etc. while checking the process of acquisition, motive for sale, and price suitable for the transaction prices.

Nevertheless, the Defendant, while neglecting the above care, acquired the stolen by purchasing two gold Bans in KRW 960,00,000, by negligence, and neglecting the judgment on the stolen.

2. Defendant B is a person engaged in sales of precious metals with the trade name “G” as the Yeongdeungpo-gu Seoul Metropolitan Government F Prize No. 28.

At around 13:30 on September 2012, the Defendant purchased two gold bars owned by the victim E from D and H from the above G.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the above D's personal information, etc. while checking the process of acquisition, motive for sale, and price suitable for the transaction prices.

Nevertheless, the Defendant acquired the stolen goods by purchasing two gold Bans of the above half price in KRW 300,000,000, by negligence, which neglected the above care and neglected the judgment on the stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution concerning D;

1. Application of the police statement law to H

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the election of penalties;

2. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse.

3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.