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(영문) 서울중앙지방법원 2012.04.16 2011고정7316

업무상과실장물취득

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the pawnbagpo in Gangnam-gu Seoul Metropolitan Government D 704.

As above, the Defendant is engaged in the business of receiving a security of movable property and lending money in the course of operating the pawnban, and thus, when receiving a security of movable property, he/she has the duty of care to confirm the identity of the offerer upon requesting the presentation of his/her resident registration certificate, and by examining the circumstance of his/her possession, the source and ownership of the goods, and the price suitable for the transaction rate

Nevertheless, around March 24, 2011, the above "E" was provided as a security by the ARIFLX 35 Kameras, which F acquired from the Kameras rental company, and neglected to perform such duty of care and neglected to make a judgment on the stolen goods, and acquired stolen goods by being provided as security of the amount equivalent to 100 million won at the market price.

In addition, the Defendant acquired stolens equivalent to KRW 697,397,000 at the market price over nine times from the above date to August 1, 2011, as indicated in the attached list of crimes (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the witness F in the court;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement concerning the police and the examination of suspects by the prosecution against F;

1. The details of pawned tickets and entries in the ledger;

1. Details of the indication of ownership, and application of the Acts and subordinate statutes of the pawned area;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant of the alleged facts is F in entering the Kameras, etc. from F.