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(영문) 부산지방법원서부지원 2020.12.03 2020고단1640
장물취득등
Text

A defendant shall be punished by imprisonment for a period of four months and by a fine of three thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[200 Madan1640] On February 2, 2016, the Defendant purchased precious metal worth KRW 2.1 million in total by the same method 80 times from February 21, 2020 as indicated in the annexed crime list, with the knowledge of the fact that he/she had stolen precious metal equivalent to KRW 3,100,000 in the market price of the victim E, which he/she had stolen from D, a guest, from the Seocho-gu, Busan, Busan, Dongdong-gu, and purchased precious metal worth KRW 29,977,00 in total by the same method as indicated in the annexed crime list.

Accordingly, the defendant acquired stolens.

[200 Highly 713] The defendant is a person who is engaged in sales of precious metals with the trade name of "C" in Busan Dong-gu B.

At around 16:00 as of November 201, 2019, the Defendant purchased five points, including male reflectors (24 5 k.) equivalent to KRW 3.2 million at the market price of the victim F that D stolen, 18 k.m. (18 k.2 k.4 m.), blings (18 k.2 m.), bings (24 k.m.), bings (24 k. 2m.), and dmings (24 k.m.).

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to confirm whether the seller is stolen by ascertaining his/her personal information, etc. and recording it in the transaction ledger, and by properly examining the motive for selling the transaction goods and whether the price suitable for the transaction price is demanded.

Nevertheless, the defendant acquired the stolen at a low price of 1 million won by purchasing 5 points, such as a half paper by negligence of the defendant.

Summary of Evidence

[200 Highest 1640]

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Each police statement concerning G;

1. Details of each account;

1. Investigation report (as to the depositor H of the details of the financial transaction information of a suspect);

1. Investigation report (verification of suspect A and D's abnormal transaction pages);

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the police protocol of statement to F;

1. The point of acquisition of stolen of Article 362 (1) of the Criminal Act and imprisonment with prison labor for the relevant criminal facts and the selection of punishment;

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