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(영문) 서울동부지방법원 2013.05.10 2013고합93
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A shall be punished by imprisonment for four years.

Defendant

B shall be punished by a fine of 700,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A on June 2, 2006, was sentenced to imprisonment of two years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court's Ansan Branch, and on July 23, 2009, was sentenced to three years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul East District Court and completed the execution of the sentence on June 14, 2012.

1. Defendant A: (a) around January 18, 2013, around the first instance trial, the Defendant: (b) diversed the crime prevention window installed in the window installed in the window of the victim F, Songpa-gu Seoul E 101; and (c) diversed into the house, and diversed the victim’s market price, which was 3 million won in total; and (d) diversed with three million won in total; and (e) diversed with three tws.

In addition, the Defendant committed theft or attempted money and valuables worth KRW 8,400,000 from the above date to March 21, 2013 through six times in total as indicated in the annexed crime list.

2. Defendant B is a person engaged in sales of precious metals with a tent set in front of Songpa-gu Seoul Metropolitan Government G and engaged in sales of precious metals.

On February 13, 2013, at around 16:00 to 18:00, the Defendant purchased one gold bling, which was the victim F, that he stolen from A in the upper street.

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., while checking the process of acquisition, motive for sale, and price suitable for transaction prices.

Nevertheless, the Defendant, while neglecting such care, neglected to make a judgment on the stolen, acquired the stolen goods by purchasing one gold boom in the price of KRW 400,000,000.

Summary of Evidence

【One point in the market】

1. Defendant A’s legal statement

1. Each statement of F, H, I, J, K, and L;

1. Each report on the occurrence of a crime, each on-site identification report, and each on-site identification report;

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