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(영문) 창원지방법원 통영지원 2021.01.26 2020고단1239 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C in Gyeongnam-gun B and is engaged in the sales of precious metals.

On September 16, 2020, the Defendant purchased 18 K K c 18 K c 2,145,000 won at the market price, which was owned by the victim F, who was stolen by entering the inner bank through the entrance that was not corrected after having intruded D with ma in excess of a fence from 11:00 on July 21, 2020 to Masung-gun E.

In such cases, a person engaged in sales of precious metals has a duty of care to verify whether he/she is stolen by checking the personal information, etc. of the seller and entering them in the account book, and whether he/she requests the details of acquisition of gold stuffs, motive for sale, and the price suitable for the transaction price.

Nevertheless, the defendant did not verify the identification card, personal information, and the acquisition process of the seller without due care, and acquired the stolen by purchasing the stolen in 1,840,000 won by negligence as long as he neglected the judgment on the stolen property.

Summary of Evidence

1. Application of the law of the statement protocol to Defendant D’s joint Defendant D’s legal statement F

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended execution does not require a maximum amount of damage caused by the instant crime. However, even though the Defendant had been already sentenced to a fine several times from 2010 to 2018, he/she again led to the instant crime despite the past record of having been sentenced to a fine several times for the same kind of crime, and all other circumstances, including the fact that the Defendant has

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