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(영문) 서울동부지방법원 2013.12.05 2013고단948
특정범죄가중처벌등에관한법률위반(절도)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a bank of “C” located in Jongno-gu Seoul Metropolitan Government No. 142.

A person engaged in sales of precious metals shall have the duty of care to verify whether the relevant goods are stolen in consideration of all the circumstances, such as the personal information and status of a seller, the nature, kind and price of the goods, the objective relationship between a seller and the seller, and the speech and behavior of a seller.

1. On January 28, 2013, the Defendant, in collusion with D and D with E on January 28, 2013, purchased one of the victim G, which was stolen on the street in front of Songpa-gu Seoul, Songpa-gu Seoul, Seoul, and one half of 18 million won at the market price of 1.27 billion won and one half of 14 K K, by neglecting the above duty of care and neglecting the determination of stolen goods, and acquired stolen goods by purchasing the above multimond amount of KRW 5,300,000,000 in total, in collusion with D and in collusion with D on January 28, 2013.

2. Around February 17, 2013, the Defendant purchased 14K gold Ban, which was owned by the victim’s name, who was stolen by D, from D, and purchased 769,000 won by neglecting the duty of care as above and neglecting the judgment on the stolen, thereby acquiring stolen goods due to occupational negligence by purchasing the gold Ban in KRW 769,000, by neglecting the duty of care as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning examination of suspect by a part of the prosecution regarding D;

1. Statement of each prosecutorial statement concerning E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Application of Acts and subordinate statutes to an investigation report (the stolen disposal disposition office and the investigation of damaged goods);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 59(1) of the Criminal Act provides that the defendant is the primary offender, and the defendant is led to confession.

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