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(영문) 광주지방법원 순천지원 2016.07.14 2016고정140
업무상과실장물취득
Text

Defendant shall be punished by a fine of four 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 is engaged in sales business of precious metals under the trade name of "E Exchange" in D at all times.

1. On August 29, 2015, the Defendant purchased precious metals, the market price of which is equivalent to KRW 2.750,00,00 from 12:0 to 15:00, from 200, which was stolen by F and brought about by F from the room.

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 the personal information of the above F and examining the details of possession of precious metals, the motive for sale, and the price at the level of transaction prices.

Nevertheless, the defendant acquired the precious metal in the amount of KRW 2.5 million by negligence, unless he neglected to make a judgment on the stolen water without neglecting such care.

2. On November 6, 2015, around 12:00 to 15:00, the Defendant purchased precious metal, the market price of which is equivalent to KRW 2.6 million owned by the victim H, which was stolen by F due to negligence as referred to in paragraph (1), from the room, and acquired stolen precious metal at KRW 1.8 million, at the unclaimed market price of the victim, by purchasing precious metal at KRW 2.6 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the internal investigation report or a copy of the protocol of interrogation of the police to F;

1. Relevant Article 364 of the Criminal Act and Articles 362 of the Criminal Act and the choice of fines concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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