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(영문) 서울동부지방법원 2014.05.09 2014고정621

업무상과실장물취득

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaged in sales of precious metals under the trade name of Songpa-gu Seoul Metropolitan Government building Ydong B1019. C.

Around December 11, 2013, the Defendant purchased a gold 200,000 won in the market price of the victim E, which he stolen from D, from the above C Gold bank.

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 identity of D and recording the details of acquisition of gold stuffs, motive for sale, and demand the price suitable for the transaction prices.

Nevertheless, the Defendant neglected this and neglected to make a judgment on the stolen goods, but purchased one gold ging in the price of KRW 84,000 by negligence.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the protocol of seizure (investigative records No. 77 pages);

1. Article 364 of the Criminal Act and Articles 364 and 362 of the Criminal Act concerning the relevant criminal facts, the choice of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence : Article 59 (1) of the Criminal Act (see, e.g., that the defendant was the first offender who has repented his mistake, and is in profoundly against his depth, and that the damaged goods are deemed to have been temporarily restored