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(영문) 서울북부지방법원 2017.10.27 2017고정785

업무상과실장물취득

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in the purchase of precious metals with the trade name called “D” in Seoul Special Metropolitan City, Nowon-gu, 604.

On November 2016, 2016, the Defendant purchased 10 dives and two gold bars of 10 dives and 10 dives of E, which he stolen at the above location.

In such cases, the defendant, who is engaged in sales business of precious metals, has a duty of care to verify the personal information of E and to verify the details of acquisition of precious metals, the motive for sale, the disposal intent of the original owner, etc.

Nevertheless, the Defendant neglected to determine the stolen water and purchased gold 100,000 won per negligence and 2,600,000 won per annum, and purchased precious metals that E stolen from around that time to February 16, 2017, such as the list of crimes in attached Form No. 4,160,000 won.

The Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution (one-time inquiry type);

1. Protocols of interrogation of suspects of E by each prosecutor's office (479 pages, 529 pages);

1. A protocol concerning the interrogation of suspects of E (two times);

1. Each statement of F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to the protocol of seizure (voluntary submission), list of seizure, and photograph of seized articles;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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