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(영문) 서울동부지방법원 2016.07.05 2016고정880

업무상과실장물취득

Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant B is a person who is engaged in sales business of precious metals with the trade name called “D” in Songpa-gu Seoul Metropolitan Government.

On June 29, 2015, at around 12:00, the Defendant acquired at KRW 550,000, two gold bars, which are the stolen property, by negligence, without properly checking the developments leading up to the acquisition, motive, and price of the sale, when purchasing two gold bars owned by the victim F, which he stolen from E, from E.

2. Defendant A is a person engaged in sales business of precious metals with the trade name of H located in Songpa-gu Seoul Metropolitan Government G.

On July 1, 2015, the Defendant acquired at KRW 513,00,00 as stolen goods by negligence without properly checking the details of acquisition, motive for sale, price, etc., when purchasing two gold bars owned by the victim F, which he stolen from E at the above H around 19:00, and two gold bars owned by the victim F, which he stolen from E.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each protocol of the police interrogation of the Defendants and E

1. Statement made by the police with respect to F;

1. The application of Acts and subordinate statutes to the purchase ledger, investigation reports (in the case of an investigation related to damaged articles), investigation reports (in the case of attaching photographs, etc. of suspects accompanied by suspects);

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 364 and 362 (1) of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act