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(영문) 서울중앙지방법원 2020.01.09 2019고단2183 (1)
특수절도
Text

Defendant shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of leasing precious metals and the business of purchasing precious metals with the trade name of "C" in Jongno-gu Seoul Metropolitan Government.

At around 14:30 on October 8, 2018, the Defendant purchased 1,00,000 won in total and 4,000 won in the market price, which is the victim G owned by F, in front of the “E” located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul.

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 checking the F personal information and recording the details of acquisition of precious metals, the motive for sale, the disposal intent of the original owner, etc. in the register.

Nevertheless, the defendant neglected to make a judgment on the stolens and purchased the above 2,200,000 won by negligence, as long as he neglected the judgment on the stolens.

Summary of Evidence

1. The defendant's oral statement on the eighth trial date; and

1. Partial statement of the witness F in the court;

1. Of the facts charged in the instant case against the Defendant and F, the summary of the acquisition of stolen goods, which are the primary facts charged against the Defendant, among the charges charged in the instant case against the Defendant and F, is that the Defendant purchased the stolen goods at KRW 2,200,000,000, even though he/she knew of the date and place of the above facts charged and stolen the stolen goods from F.

However, the defendant only purchased the stolen goods upon F's request, and the fact that the stolen goods are stolen is clear, and the witness F who attended this court as a witness also makes a statement to the effect that it corresponds to this. As long as the defendant denies the contents of the evidence submitted by the prosecutor, it is difficult to conclude that the defendant acquired stolen goods only by the remaining evidence, and there is no other evidence to acknowledge this.

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