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(영문) 창원지방법원 진주지원 2018.10.11 2018고합74
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal record] On April 25, 2007, Defendant A was sentenced to imprisonment with prison labor for four years due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Changwon District Court's Jinju branch on August 23, 201, and five years due to the same crime in the same court on August 23, 2013, and completed the execution of the final sentence at the port prison on April 3, 2018.

[Criminal facts]

1. On April 29, 2018, around 14:35, the Defendant: (a) opened an unlocked gate in front of the household of the victim G in Jinju-si; (b) opened the entrance door in front of the entrance connected with the kitchen, opened the entrance door in the string door, opened the entrance door, and intrudes into the building; and (c) used the victim’s 18K gold girs with one,18 K girs with one,18 K girs, one cash 30,000 won; and (d) thereafter, the Defendant attempted to steals, or attempted to steals, goods owned by the victims over 12 times in total, as shown in the attached list of crimes, from around that time to around June 2018.

As a result, the defendant was sentenced more than twice to the larceny crime, and again committed the larceny crime within three years after the execution of the punishment was completed.

2. On June 2, 2018, Defendant B purchased gold 18K gold 18K mp, which he stolen from the above A and 14 K mp mp, around Jin-si around 19:00.

In such cases, the defendant, who is engaged in sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the accurate personal information of the seller, and by checking the details and source of acquisition of precious metals, motive for sales, and the price at the market price of precious metals.

Nevertheless, the defendant neglected to judge the stolen water by negligence, such as neglecting the above duty of care and not confirming the personal information of the above A, etc.

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