업무상과실장물취득
Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person engaged in sales of precious metals with the trade name “D” from Osan-si C and the second floor.
From January 8, 2015 to around the 23th of the same month, the Defendant purchased 4 gold 900,000 won of the market price owned by the victim F, which he stolen from E (19 years of age), from E (19 years of age) on three occasions from the room.
In such cases, the defendant, who is engaged in sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of E, etc., while checking the details of acquisition of precious metals, motive for sales, and demand the price suitable for transaction prices.
Nevertheless, the defendant acquired four precious metal, etc. from 550,000 won by negligence, unless he neglected to make a judgment on the stolen water while neglecting the above duty of care.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol of suspect interrogation of each police officer regarding E;
1. Application of the law of the police statement protocol to F;
1. Relevant Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant acknowledges his mistake and takes more attention in the future for the purchase of precious metals, confirm the identification card of E at the time of purchase, enter the personal information and details of purchase in the account book, and the degree of occupational negligence is significant, such as not having a big difference with the market price.
In consideration of the fact that it is not visible, the quantity and value of purchased goods, etc., the fines prescribed by the summary order shall be reduced in part, and the punishment shall be determined as per the order.