업무상과실장물취득
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal 1) The Defendant, as described in each of the facts charged in this case, purchased precious metals three times with E, and was unaware of the fact that the aforementioned precious metals were stolen, and the Defendant confirmed the personal information of E, and recorded and stored the account number, type and quantity of precious metals in the joint page. Thus, the Defendant cannot be found to have neglected to make a judgment on stolen goods.
2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.
2. 1) Determination on the assertion of misunderstanding of facts is that the person operating a room had gone through the procedure to verify the identity of the seller when purchasing precious metal.
Even if there are special circumstances to suspect whether a stolen is a stolen or not, or if there were more detailed attention to the nature and type of the purchased goods, the identity of the seller, etc., even though they could have been known that the goods are stolen, if they were purchased after being negligent in doing so, the crime of acquiring the stolen goods by the head of the commercial office and office is established.
In addition, whether there are special circumstances to suspect whether an article is a stolen or not, the identity and status of the seller as to whether the article was a stolen, the nature and type of the article, and price of the seller, the objective relationship between the seller and the seller, and the speech and behavior of the seller, etc. (see, e.g., Supreme Court Decision 2003Do348, Apr. 25, 2003). The following circumstances are acknowledged according to the evidence duly adopted and investigated by the lower court and the trial court.
① The Defendant made the following statements at an investigative agency:
The first purchase of precious metal to E was made only by copying identification cards and name cards, and the address, occupation, age, etc. was not verified or recorded in the account book, and subsequently purchased precious metal without verification procedures (see, e.g., investigation records 428, 1358, 1360). E sells precious metal each time.