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(영문) 서울남부지방법원 2015.04.09 2014노2274

업무상과실장물취득

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In purchasing gold products as stated in the facts charged from E, the Defendant had fulfilled his duty of care, such as confirming the forgery of the E’s resident registration certificate, but the lower court convicted the Defendant of the mistake of the fact.

B. Even if the court below found the Defendant guilty of unfair sentencing, in light of the fact that the Defendant was the primary offender, the circumstance leading up to the instant crime, and the benefit acquired by the Defendant is a small amount, the sentence imposed by the court below is too unreasonable.

2. Determination

A. The lower court found the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) e was stolen of 24 K gold bar (referring to 10 fluor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor flor fl) around March 14, 2013; (ii) e.