업무상과실장물취득
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a person who is engaged in sales of precious metals with the trade name “D” in Mosung City.
1. On November 10, 2016, the Defendant purchased a gold-in-house, etc. from the victim F, a stolen object, from the above D, where the market price owned by the victim F, was unknown.
In such cases, the Defendant, who is engaged in the sales business of precious metals, shall verify the personal details of the seller and the kinds, quantity, etc. of precious metals and enter them in the account book, and shall faithfully examine the seller’s details of acquisition of precious metals, motive for sales and whether the price suitable for the transaction price, etc., and purchased the relevant precious metals in KRW 2.85 million from E by negligence, who neglected to make a judgment on the stolen water, even though he/she has the duty of care to check
Accordingly, the Defendant acquired stolen goods by occupational negligence.
2. On November 22, 2016, the Defendant purchased gold bars, etc. from the victim G, etc., the stolen goods of which the market price in the above D, as described in paragraph (1), was unknown.
In such cases, the Defendant, who is engaged in sales of precious metals, shall verify the personal details of the seller and the kinds, quantity, etc. of precious metals and enter them in the account book, and shall also examine the seller’s details of acquisition of precious metals, motive for sales and whether the price suitable for transaction prices, etc., and purchased the relevant precious metals in KRW 5,30,000 from E by negligence, who neglected to make a judgment on the stolen water, even though he/she has a duty of care
Accordingly, the Defendant acquired stolen goods by occupational negligence.
3. On December 7, 2016, the Defendant purchased gold bars, etc. from the victim H, etc., the stolen goods of which the market price is unknown from the foregoing paragraph 1 E from the above paragraph 1.
In such cases, the accused who is engaged in sales of precious metals shall verify the personal information of the seller and the kinds, quantities, etc. of precious metals.