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(영문) 청주지방법원 충주지원 2013.06.12 2013고정124

업무상과실장물취득

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in sales business of precious metals with the trade name “D” in the name of “D” before Chungcheong City.

On January 21, 2013, the Defendant purchased 14 kms from E, 14 knives from E, earet 14 knives from E, earet 1, knives, 14 knives from women, knives from female 14 knives, 4, 3, and eargs from E.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of E, and by properly examining the details of acquisition of precious metals, motive for sales, and whether the price suitable for the transaction prices is demanded.

Nevertheless, the Defendant acquired the precious metal, which is a stolen due to negligence, at least 1.7 million won, after purchasing it.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;