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(영문) 춘천지방법원 강릉지원 2016.07.20 2016고정132

문화재보호법위반

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Defendant shall be punished by a fine of five million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

Any person who intends to engage in the business of trading or exchanging tangible cultural heritage or tangible folklore resources belonging to movable property shall obtain permission for trading cultural heritage from the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu or Gu office,

Nevertheless, on September 1, 2015, the Defendant, without obtaining a permit for cultural heritage trade business, sold “D” in the trade name “D” operated by the Defendant located in Gangseo-do, Gangwon-do, through the Internet auction site, cobee, an Internet auction site, and run cultural heritage trade business by selling cultural heritage purchased at a private warden or a folklore auction site between January 201 and December 2015, to unspecified customers who visited the above auction site or store.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E, F, and G;

1. Each statement of H and I;

1. Police seizure records;

1. The result of the seized cultural heritage appraisal;

1. On-site photographs of each seizure;

1. Application of Acts and subordinate statutes to each investigation report (to attach copies, such as copies of selling stores, and files files referred to in subparagraph 2, among seized articles);

1. Article 99 (1) 3 of the Protection of Cultural Properties Act and Article 75 (1) of the same Act concerning facts constituting an offense, and Articles 99 (1) 3 and 75 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that not only engaged in the trade of cultural heritage without any reason for sentencing under Article 334(1) of the Criminal Procedure Act, but also engaged in the distribution of stolen or stolen cultural heritage, the need for strict punishment is also peeped, or the defendant's criminal background and economic circumstances, the defendant's work as a public official for a long time, and the fact that the defendant served as a public official in good faith for a long time, the amount of fine under the summary order shall be partially reduced.