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(영문) 부산지방법원 2014.09.24 2014고정2581

업무상과실장물취득

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in sales of precious metals with the trade name called “E” in Busan Jin-gu D.

The Defendant, around May 29, 2013, purchased at KRW 930,00,00 of the market price, which is the victim’s name and French possession that he stolen from F, from F, and purchased at KRW 930,00,00 for the victim’s name and French possession.

9. On November 1 of the same year, around 23, 200 won, the market price, which was the victim's name, stolen by F from F at the same place, has been purchased from F, in the unclaimed gold 2,750,000 won, and from F at the same place on November 1, 200, one gold tamp, which is the victim's name, and one gold tamp, owned by F, was purchased from F at KRW 70,00,00, and around November 4 of the same year, the unclaimed market price, which was the victim's name, that was the victim's name, stolen by F, was purchased from F at KRW 2,570,00.

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 the F personal information, etc. of the defendant, and the details of acquisition of gold ging, gold prevention, etc., the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected such care and neglected to make a judgment on the stolen goods, thereby purchasing gold booms, gold booms, etc. from F as above by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

2. Defendant B is a person who is engaged in sales of precious metals with the trade name of “H” in Busan Seo-gu G.

On July 22, 2013, the Defendant purchased at KRW 450,000, the market value of the victim’s name, which he stolen from F from F, from F. The Defendant purchased at KRW 450,00, the net gold bars of the deceased.

In such cases, the defendant, who is engaged in the sales business of precious metals, shall verify and enter the F's personal information, etc., and shall be golded.