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수원지방법원 안산지원 2013.07.09 2013고단504 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the purchase of precious metals within the boundary of sunrise, which is opened within 8 complexes of Gosan-gu Seoul Building Complex.

1. On August 16, 2012, the Defendant: (a) purchased one and one half of the 18K gabs from the victim E, who was stolen from D, within the front sunrise; (b) around August 16, 2012, where the market price of the victim E, who was stolen by D.

In such cases, the defendant, who is engaged in the purchase business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., and to request the details of the acquisition of the Ban, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen, acquired the stolen in KRW 300,000 after purchasing one thale and one half stale from the price by negligence.

2. On February 7, 2013, the Defendant purchased 14 K K 14 K clings equivalent to KRW 200,000, market price, which was the victim F, who was stolen from D from D, within the boundary of sunrise, around February 7, 2013.

In such cases, the defendant, who is engaged in the purchase of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., and by examining whether he/she is responsible for the acquisition process of the main month, the details of the acquisition of the main month, the motive for sale, and the price suitable for

Nevertheless, the Defendant, while neglecting such care, neglected to make a judgment on the stolen, acquired the stolen goods by purchasing at KRW 130,000 the price per each calendar month, one and a medal.

Summary of Evidence

1. Legal statement of witness D;

1. The second and third suspect examination protocol of each prosecutor's office: D;

1. G statements;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records 137 pages, 172 pages);

1. Relevant Article 364 of the Criminal Act and Articles 364 and 362 of the Criminal Act concerning criminal facts, the acquisition of goods by occupational negligence, and the acquisition of goods by occupational negligence.