logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.10.12 2017고정1330
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates D in Daegu Jung-gu, and is engaged in sales of precious metals.

At around 20:00 on April 13, 2017, the Defendant purchased two 18K gold tamps located in the market price of 18K, which was the victim F that he stolen from E, and one tamps located in the market price of 560,000, equivalent to 18K gold tamps located in the market price of 18K and 18K tamps located in the market price of 200,000.

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 his/her personal information, etc., and on the other hand, how he/she acquired gold gals, etc., and whether he/she demands the motive for sale and the price suitable for the transaction

Nevertheless, the defendant neglected the above care and neglected the judgment on the stolen water, but purchased the above gold 290,000 won in total by negligence.

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

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each protocol concerning the examination of the police officers in relation to E, G, and H;

1. Application of the law of the police statement protocol to F;

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;

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

arrow