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(영문) 부산지방법원 동부지원 2016.04.20 2015고정1670

업무상과실장물취득

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

The defendant is a person who has three times the records of acquiring water from the head of the business division.

On September 29, 2015, the Defendant purchased the victim E-owned gold e, which was stolen by D in the GJ Kimcheon-si Kim Jong-si, from around 2015.

In such a case, the defendant, who is engaged in the sales business of precious metals, has three times the records of acquiring water from the chief of the department in charge of the business, and (2) the defendant tried to sell gold stuff to the place located in Kimcheon-cheon, and (3) if D, who is a male, wants to sell gold stuffs for women, he had a duty of care to confirm whether it is stolen, such as (1) the process of acquisition, the motive for sale, and the fact that D, who is a woman, demands price suitable for the transaction price, and (2) the seller had a duty of care to check whether it is stolen or not.

Nevertheless, the Defendant acquired the stolen goods by purchasing KRW 1,00,000 in the market price of one gold bling at KRW 500,000, by negligence, while neglecting the above care and neglecting the judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. E statements;

1. Previous record: Application of the Acts and subordinate statutes by inquiry;

1. Relevant Article of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime;

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