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(영문) 수원지방법원 성남지원 2015.12.09 2015고정1111

문화재보호법위반

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Any person who intends to engage in a business of trading or exchanging tangible cultural heritage or tangible folklore resources belonging to movable property (including any person who engages in such business on commission) shall obtain permission for cultural heritage trade business from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

In addition, a cultural heritage trader shall keep account books on trading, exchange, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and shall record the details of the transaction, and shall photograph and attach the photographs of actual objects so that it can be verified.

1. Defendant A is an individual warden and a person without permission for cultural heritage trading business because he/she failed to meet the qualification requirements to obtain permission for cultural heritage trading business while operating the “F” located in Gwangju City E.

A cultural heritage trading business was conducted by purchasing cultural heritage from many unspecified persons, such as the Si (collection), selling business operators, and auction places, or selling cultural heritage owned by business entities. On September 24, 2014, the Gyeonggi Provincial Police Agency's regional investigation agency's assistant G, selling one point of cash 70,000 won to the local government office's regional investigation unit G, which is a cultural heritage, and selling cultural heritage without obtaining permission from the Gwangju City Mayor from October 2013 to January 26, 2015. < Amended by Act No. 11718, Sep. 24, 2014>

2. Defendant B is an individual warden and a person without permission for cultural heritage trading business because he/she failed to meet the qualification requirements to obtain permission for cultural heritage trading business while operating “I” located in Gwangju-si.

A cultural heritage is traded by purchasing cultural heritage from many unspecified persons, such as a Si (collection), a seller, and an auction house, or selling cultural heritage owned by a business entity. Around September 16, 2014, the Gyeonggi Provincial Police Agency and a metropolitan investigation group J sells cultural heritage in cash to 30,000 won.