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(영문) 창원지방법원 마산지원 2013.11.05 2013고정542
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a bank with the trade name “D” in Jinju-si, Jinju-si.

1. Around 18:00 on April 23, 2013, the Defendant purchased a total of four precious metals, including one gold rope, which he/she stolen from the E and F, along with G, from another gold bank.

In such cases, the person engaged in sales of precious metals is well aware of the details of acquisition of precious metals and the motive for sales, and in particular, the juvenile has a duty of care to check whether he/she is stolen in consideration of whether he/she sells high-priced precious metals and purchase them.

Nevertheless, the Defendant neglected this and acquired 765,000 precious metals of all four kinds, including 174,000 won per 18K gold cling line from E and F, 503,000 won per 18K male gold bars, and 88,000 won per 14K real gold cingle, and one 88,000 won per 765,000 won.

2. On April 23, 2013, at around 18:01, the Defendant purchased 18 KK male blicks, which he stolen from G, along with E and F, from other gold banks.

In such cases, the person engaged in sales of precious metals is well aware of the details of acquisition of precious metals and the motive for sales, and in particular, there was a duty of care to check whether juveniles sell high-priced precious metals and purchase them after carefully considering whether they are stolens.

Nevertheless, the defendant neglected this and confirmed only another person's resident registration certificate presented by G annually, and purchased three of the above 18K male booms from G in 990,000 won and acquired stolen goods.

3. At around 18:40 on April 23, 2013, the Defendant purchased a total of seven kinds of precious metals, such as net gold asphalt, which he/she stolen from G, along with E and F, from other gold banks, and purchased from G by negligence as referred to in paragraph (2).

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