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(영문) 의정부지방법원 2015.08.27 2015고정1308

문화재보호법위반

Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

Any person who intends to engage in business of trading or exchanging tangible cultural heritage or tangible folklore resources (including any person who engages in such business on commission) which are categorized as movable property shall obtain permission for cultural heritage trade business from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from April 2012 to January 26, 2015, purchased cultural heritage from many unspecified persons, such as a personal warden, a collection shop, and a buyer, in the name of “C” from Macheon-si B from around April 2012 to around January 26, 2015, and sold cultural heritage in possession to many and unspecified persons.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the details of purchase of cultural heritage - Macheon City C);

1. Seizure records (C);

1. Application of Acts and subordinate statutes on the appraisal of cultural heritage;

1. Relevant Articles 99 (1) 3 and 75 (1) of the Cultural Heritage Protection Act concerning facts constituting an offense.

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

1. Article 334(1) of the Criminal Procedure Act (Article 334(1) of the Act on Provisional Payment Order (Article 334(1) of the said Act provides that it is difficult to readily conclude that a person meets the requirements for confiscation under each subparagraph of Article 48 of the Criminal Act, and even if not, a sentence of confiscation shall not be rendered in light of