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(영문) 광주지방법원 2013.11.28 2013고정2211

업무상과실장물취득

Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000, and by a fine of KRW 3,000,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant B, a person operating a “F” bank on the first floor of the Dong-gu building in Gwangju-gu, Gwangju, on September 17, 2013, purchased from the above Geum-gu, 18k Geum-gu, 1, 18k Geum-gu, 14k gold-gu, 14k gold-gu, 200.

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 of precious metals, by taking into account his/her identification card presented by G and whether G are the same person, the details of acquisition of precious metals, the motive for sales, and the price suitable for transaction prices.

Nevertheless, the Defendant acquired the stolen goods by purchasing the precious metal in KRW 1,963,00, by negligence, even though he neglected to make a judgment on the stolen goods.

2. Around September 15, 2013, Defendant A, who operated “I” bank on the first floor of the Dong-gu building in Gwangju-gu, Gwangju, purchased a 18k Geum-gu 18k Geum-gu 1, 14k Geum-gu 1, 14k Geum-gu 1, and 1 gold-gu 1.

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 of the relevant precious metal, by taking into account his/her identification card presented by G and whether G are the same person, the details of acquisition of the relevant precious metal, the motive for sale, and whether the price suitable for the transaction prices is demanded.

Nevertheless, the Defendant acquired the stolen by purchasing the precious metal in KRW 1,327,000, by negligence, even though he neglected to make a judgment on the stolen property.

2. Defendant C

A. (1) On September 19, 2013, the Defendant was a person operating a gold exchange in Dong-gu, Gwangju, with a “L” gold Exchange, and purchased two gold 24 km from M, respectively, around September 14, 2013.

In such cases, the defendant, who is engaged in the sales business of precious metals, shall be the same person as Ma's identification card and Ma.