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(영문) 부산지방법원 2017.04.12 2016고정3911

업무상과실장물취득

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2016, at around 21:00, the Defendant received from F a 18K male macks (20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m2

In such cases, in order to verify whether the aforementioned precious metal is stolen, the Defendant, who is engaged in the pawning business, has a duty of care to accurately verify the client’s identity, personal information, contact details, etc., and to accurately examine the source, process of acquisition, motive for providing security, ownership relationship, and whether it is an object suitable for the status, etc., and have a duty of care to enter and manage the aforementioned details and the client’s matters in an account book.

Nevertheless, the defendant neglected the above duty of care and presented the driver's license of H (the remaining and 21 years old), but did not properly verify the F's face and the driver's license's photograph, i.e., lending KRW 3 million from tin to F, etc., and acquired the above precious metal, which is a stolen object, with a single precious metal.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. The police investigation report (the seized articles, photographs and pawned area);

1. Report on internal investigation by the police (the internal investigation document attached to a separate investigation document - a copy of each investigation protocol of the F and I for suspect investigation by the police);

1. Transfer of the case (number 16-444);

1. Application of Acts and subordinate statutes to the ledger of pawned articles;

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