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(영문) 서울북부지방법원 2015.10.14 2015고정1975

업무상과실장물취득

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in sales of precious metals in the vicinity of the C Neighborhood Park in Seoul Special Metropolitan City, Nowon-gu.

At around 13:00 on May 19, 2015, the Defendant purchased one half of the amount equivalent to 66,000 won in the market price owned by the victim E, purchased with the credit card he/she acquired from the minor D at the above location.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information and entering the details of acquisition of precious metals, motive for sales, and demand the price suitable for the transaction price of precious metals.

Nevertheless, the Defendant, while neglecting the above duty of care, purchased 420,000 won by negligence when neglecting the judgment on the stolen goods.

Accordingly, the Defendant acquired stolen goods through occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused, D, or F;

1. G statements;

1. Card sales slips, suspect photographs, and gold-in photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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