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(영문) 서울북부지방법원 2017.12.20 2017고단4243
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of selling precious metals with the trade name of “C” in Dongdaemun-gu Seoul Metropolitan Government.

On August 23, 2017, the Defendant received proposals from separated co-defendant D that D sell two gold 18K gold 18K (4) and 14K gold fings on August 23, 2017 at the market price owned by the victim E, which was the stolen goods that D stolen from the victim E.

In such cases, a person engaged in sales of precious metals has a duty of care to verify whether he/she is stolen by properly examining the details of acquisition of precious metals, the details of acquisition of precious metals, the motive for sale, and the demand for the price suitable for the transaction price.

Nevertheless, the Defendant purchased two gold 18K gold 18K 14K 20,000 won without confirming the personal information of D and the process of acquiring and selling precious metals.

Accordingly, the defendant acquired the stolen goods from his job.

Summary of Evidence

1. The legal statement of the defendant and his separated joint defendant D;

1. Application of Acts and subordinate statutes of E;

1. Articles 364 and 362 of the Criminal Act and selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 50 million won;

2. The punishment shall be determined as ordered in consideration of the sentencing conditions, such as the defendant's age, sexual behavior, environment, etc., in the light of the fact that the number of years sentenced to a fine for the same kind of crime is more than one time and the extent of negligence is grave, such as the seller's failure to verify the basic personal information of the seller;

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