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(영문) 서울남부지방법원 2018.07.11 2018고정467

업무상과실장물취득

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around November 11, 2017, the Defendant, in operating the gold room with the trade name “C” in Jongno-gu Seoul Metropolitan Government, purchased 20 gold 20 won worth KRW 4,00,000, the market price of the victim E-owned by the Defendant, who was stolen from D in the room, from November 7, 2017.

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 by ascertaining his/her personal information, etc. and, in the case of acquisition of precious metals, he/she has a duty of care to verify whether he/she is guilty of the motive for sale

Nevertheless, the defendant acquired the stolen goods by purchasing the 3,620,000 won of the above galth, etc. by negligence, while neglecting the above care and neglecting the judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the written opinion (suspect D);

1. Application of Acts and subordinate statutes to investigation reports (related to photographs);

1. Relevant Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2007Do1148, Apr. 1, 201); Article 59(1) of the same Act (see, e.g., Supreme Court Decision 20