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Defendant
A Imprisonment for a short term of 6 months for a maximum term of 10 months, and Defendant B shall be punished by a fine of 1,00,000 won.
Defendant
B above.
Reasons
Punishment of the crime
"2013 Highest 1869"
1. Defendant A’s joint criminal conduct;
A. On May 9, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) came into the house of Victim H located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and confirmed that there was no person in the house by dividing the first race installed in the main gate with the intent to steal the property, and that there was no person in the main gate, the Defendant entered the house above the wall and opened the gate, and the E and F entered the house.
Accordingly, the defendant invadedd the victim's residence jointly with E and F.
B. Special larceny Defendant E, F and F
At the same time, at the same place as the paragraph, F reports the network outside the house, and the defendant and E colors the objects to be stolen from the inside bank of the victim H, and have precious metal, cash 200,000 won, market price of 100,000,000 won, which is the victim's possession in the house, and have dives, etc. equivalent to one million won.
Accordingly, the defendant stolen the victim's property together with E and F.
2. Defendant B is a person who operates the “J” at Dong-gu, Chungcheongnam-gu, Seoul.
On May 9, 2013, between May 11, 2013 and May 11, 2013, the Defendant purchased precious metals equivalent to one million won at the market price of the victim H, which he stolen from A and E.
In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to accurately verify and state his/her personal information and to verify whether he/she is stolen by properly examining the details of acquisition of precious metals and the motive of sales.
Nevertheless, the Defendant did not properly verify the identity of A and E without due care, and purchased precious metal in 790,000 won due to negligence, which neglected the judgment on the stolen property, and acquired stolen goods.
"2014 Highest 771"
1. Defendant A’s joint criminal conduct;
A. On May 8, 2013, around 12:30 on May 8, 2013, the Defendant was the property in front of the Victim L, E, F, and the Defendant’s house located in K apartment 103, Nam-gu, Dong-gu, Chungcheongnam-gu.