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Defendant
A shall be punished by imprisonment for four months, by a fine of three thousand won,00,000 won, respectively.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. On January 18, 2014, at around 16:38, 201, the Defendant: (a) entered the top-down room in the name of “F” managed by the victim E in Seocheon-gu, Seocheon-si; and (b) obstructed the subject of the crime; (c) around 20:20 on the same day, the Defendant entered the waiting room in the above VIP room in which the victim G was fright; (d) KRW 400,000,00,00 won, which was located in the waiting room in the above room; (d) KRW 10,000,000,000,000 won cashier’s checks; and (d) KRW 1,200,000,000 in the market price; and (d) KRW 1,100,000,000 in the market price; and (d) 1,50,000,00 won in the market price.
As a result, the Defendant intruded on a structure managed by the victim E, and stolen the property equivalent to the total market value of KRW 6070,000,000.
2. Defendant B is a person engaged in sales and purchase of precious metals at the front point of H in the Southern-gu Incheon Metropolitan City, Incheon.
On January 20, 2014, around 15:00, the Defendant purchased four gold bars equivalent to KRW 7.20,000 in total of the market value of the victim G ownership that was stolen from A at the above street store.
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 ascertaining A's personal information, etc., and by properly examining the details of acquisition of the gold-over land, motive for sale, and price suitable for the transaction price.
Nevertheless, the Defendant, while neglecting the above care, purchased four gold Bans in 680,000 and acquired them by negligence, even though he neglected the judgment on the stolen goods.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol of the police statement concerning G;
1. A CCTV photograph around the site;
1. Examination of the details of currency;
1. Application of the Acts and subordinate statutes concerning the details of transactions by Nonghyup Bank;
1. Relevant provisions concerning facts constituting an offense;