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(영문) 수원지방법원 안산지원 2017.01.13 2016고정1503

업무상과실장물취득

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a room with the trade name of "D" in Ansan-si, Ansan-si, and is engaged in the sale and purchase of precious metals.

On February 19, 2016, the Defendant purchased 24k gold Bans, the victim F, which he stolen from E, from the F.

In such cases, a person engaged in sales of precious metals has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., and by properly examining the details of acquisition of the relevant precious metals, the motive for sales, and the price at the market price of the relevant precious metals.

Nevertheless, the Defendant purchased 847,000 Won by negligence, even though he neglected the above care and neglected the judgment on the stolen water.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect with respect to E or G;

1. Application of Acts and subordinate statutes governing unregistered documents;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.