업무상과실장물취득
Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
The defendant is a person engaged in the business of selling precious metals with the trade name "D" in Article 31 of the Jung-gu Incheon Metropolitan City C underground shopping mall.
1. At around 16:00 on March 6, 2013, the Defendant purchased 14 km gold 14 km in a amount equivalent to KRW 2.50,000 (2.30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the above E's personal information, etc., and the details of his/her acquisition, the motive for the sale, and the price suitable for the transaction prices.
Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen, acquired the stolen by purchasing one set of money from KRW 60,000 to KRW 60,000.
2. On March 18, 2013, the Defendant purchased 14 k gold 14 km equivalent to KRW 2,30,000 (two) at the market price owned by the Victim G, which he stolen from E, from the upper bank around 17:20.
In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the above E's personal information, etc., and the details of his/her acquisition, the motive for the sale, and the price suitable for the transaction prices.
Nevertheless, the Defendant acquired the stolen by purchasing one set of 68,00 won from 68,00 won, by negligence, while neglecting the above care and neglecting the judgment on the stolen.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes to police statements made to F and G;
1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;