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(영문) 대구지방법원 2013.11.07 2013고단2083 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in sales business of precious metals with a trade name “C” from Daegu Suwon-gu B.

On October 16, 2012, the Defendant purchased 24 kms from the said D, 1, 24 kms, 2, and 18 kms from the said D.

In such cases, a person engaged in precious metal sales business has a duty of care to accurately grasp the source, details of sales, the identity of the seller, etc. of precious metal and to verify whether it is stolen or not.

Nevertheless, the Defendant, while neglecting this, acquired precious metal in KRW 2,433,00 by negligence and neglecting the judgment on the stolen goods, and acquired stolen goods by negligence not later than March 5, 2013, such as the list of crimes (2) in the attached Form No. 18,084,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. A list of savings deposits (02) (in the name of a suspect D);

1. Certificates of high purchase and statements of transactions between companies in the name of the suspect;

1. Application of Acts and subordinate statutes to investigation reports (in the case of gold taxes presented by a suspect A at the time of purchase and actual gold taxes);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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