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(영문) 대전지방법원 논산지원 2012.11.30 2012고단386
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. From 00:00 early March 2012 to 02:00, the Defendant: (a) discovered at the entrance parking lot at the luminous lusium of the Hongsung-gun of Hongsung-gun; (b) discovered 34 multiple covers (ethyl lusing) equivalent to KRW 1,700,000 at the market price owned by the injured red-gun of the Red-gun of the Republic of Korea; and (c) used crepans without people in the surrounding area to cover the same multiple with hand; and (d) habitually, from around 0:00 to July 25, 2012, the Defendant cut off the number of 19 times in total by 44,760,300 won, as indicated in the attached list of crimes, as indicated in the attached list.

B. On July 25, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and around 03:00 on July 25, 2012, the Defendant driving of the E-1 ton truck at approximately 200 meters on the road in front of the Defendant’s dwelling in the Chungcheongnamnam Budget-gun.

2. Defendant B is a person who operates a secondhand shop with the trade name, Hongsung-gun G.

On March 2012, 2012, the Defendant purchased a coverr with a drainage route that he stolen from Defendant A.

In such cases, the defendant, who is engaged in the business of operating solidly, has a duty of care to confirm and enter his/her personal information by requesting the above A to produce identification cards, etc., and to check the process of acquiring solidly, the motive for sale, and the price suitable for the transaction prices, etc., and to check whether the stolen property is stolen.

Nevertheless, the Defendant, by negligence in the course of performing the above duty of care, acquired a cover with a drainage of 10 million won, which is a stolen over 18 times from the above date and time to July 25, 2012.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to H, I, J, and K;

1. Details of passbook transactions and account books;

1. Report on the occurrence of theft and confirmation of the fact of damage;

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