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(영문) 서울북부지방법원 2012.10.17 2012고단800

업무상과실장물취득

Text

Defendant

A A Fine of 5,00,000 won, B of a fine of 7,000,000 won, C of a fine of 10,000,000 won, and D of a fine of 3,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of Jongno-gu Seoul, Jongno-gu, Seoul, the head of H, the director of the above H, and the defendant Eul who were in office as the auditor of the above H, the defendant Eul from January 9, 2005 to May 2008, and the defendant Eul from April 2007 to August 2009, the defendant Eul is a person who was in office as the sales agent of precious metals under his own account from August 2009 to August 2009, and the defendant Eul is a person who was in office as the operator of Jongno-gu Seoul, Jongno-gu, Seoul, and the defendant Eul is a person who operated the Jungdong-gu, Seoul.

1. Around August 2007, Defendant A purchased gold products of KRW 1,18K 8.98 Money, 14K 24.2 money, and 10K 1.13 money at the office of H, the Defendant purchased gold products owned by his her son.

In such cases, since the defendant, who is engaged in the sales business of precious metals, is not aware of the fact that the above goods are stolen, he/she has a duty of care to confirm the seller's status, the process of acquisition of the goods, the motive for sale, etc. and enter them in the account book and to request an appropriate price according to the transaction market rate, etc., and to ensure that he/she does not purchase stolen goods

Nevertheless, the Defendant neglected the above duty of care and purchased the said gold products in KRW 1,675,00.

In addition, the Defendant neglected to perform the above duty of care three times from the above date and time to May 2008, as stated in the attached Table 1, and purchased precious metal amounting to KRW 8,021,000 which he stolen from the above K, and acquired stolen goods by negligence in the course of business.

2. Around May 2007, Defendant B purchased gold products of 10.99 money, 14K 4.37 money, which he stolen from K, at the office of H, the Defendant purchased from K. 10.9 money and 14.37 money.

In such cases, the defendant, who is engaged in sales business of precious metals, has a duty of care such as the above 1.

Nevertheless, the Defendant is above.