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(영문) 서울중앙지방법원 2015.06.10 2015고정1840

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

On January 22, 2015, the Defendant purchased 14K gold bars equivalent to 90,000 won in the name of the victim who was stolen by the Defendant from the Defendant, and entered them in the purchase account book by confirming D’s personal information, etc., while he/she neglected his/her duty of care to ascertain whether the Plaintiff was a person operating the gold bank No. 1 C in Jung-gu, Seoul, and on January 22, 2015, he/she purchased 14K gold bars equivalent to 90,000 won in the market value of the victim’s name which he/she stolen from the Defendant, and acquired the stolen goods by neglecting his/her duty of care to check whether the gold bank was acquired, the process of acquisition, the motive of sale, and the price at the time of transaction, and by neglecting the judgment on the stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The second and third police interrogation protocol regarding D;

1. Application of Acts and subordinate statutes on investigation reporting;

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;