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(영문) 부산지방법원 2016.07.13 2015고단8291
절도
Text

Defendant

A Imprisonment with prison labor for six months, and for five million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. From March 3, 2015, the Defendant: (a) around 10:00 on March 3, 2015, at the victim E’s residence, the Defendant: (b) located in the territory of the Defendant located in the 401 Si-si located in four (401); (c) had approximately 13,00,000 in the market price, which is the victim’s possession, by using the victim’s absence; and (d) had approximately 13,00,000 in the market price; and (e) had approximately 12,00,000,000 in the Republic of Korea, each of which is about KRW 2,20,000 in the market price; and (e) had approximately 20,000,000 in the market price; and (e) had approximately 60,50,000 in the market price of the Defendant’s gold metal.

2. Defendant B, as an employee of “G”, who has been engaged in sales of precious metals for about eight years prior to the Defendant’s precious metal trading business; around March 4, 2015, around 14:00, the Defendant confirmed the seller’s identification card and personal information at approximately KRW 65 million in total of the market price owned by the victim E, a stolen object, as described in paragraph (1), at the Plaintiff’s residence located in Busan-gu Busan-gu, Busan-gu, about 1920, or acquired stolen precious metals at KRW 65 million, without confirming the seller’s identification card and personal information; or without confirming the process of acquiring the said precious metals, sales motive, and reasonable price demand, the Defendant knowingly purchased them at KRW 6,40,000,000,000, which are 1/10 of the market price.

Summary of Evidence

1. Defendants’ respective legal statements (in the case of Defendant B, part of the Defendants)

1. A legal statement of a witness;

1. F statement made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Investigative Report (Attachment of Data on the Circumstances of obtaining intelligence) (Defendant B was unaware of the fact that it was a stolen at the time of purchase of the precious metal of this case by Defendant A;

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, the defendant belongs to "G", which is a precious metal dealer operating the defendant-friendly FF.

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