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

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

Criminal facts

The defendant is a person who has installed a tent in front of the Gung Agricultural Cooperative Co., Ltd. in the 88th Dolsan-si members of Ansan-si, and is engaged in purchasing precious metals, etc. from many and unspecified persons.

On November 6, 2016, the Defendant purchased one gold 20 million won at the victim C’s market price, which was stolen by B, within a tent for the purchase of the aforementioned precious metal, and one gold 20 million won at the victim C’s market price, which was stolen by B.

In such cases, a person engaged in the purchase business of precious metals has a duty of care to properly examine the details of acquisition, motive for sale, and the price suitable for the transaction price of the relevant precious metal, and to verify the personal information of the seller B, and to enter the details thereof in the account book, etc.

Nevertheless, the Defendant neglected the above duty of care and neglected to determine whether the Defendant was the stolen property, but purchased 20,000 won of the above net gold 20,000 won, which was the victim C, which was stolen by the above B, without examining the procedure.

Accordingly, the Defendant acquired stolen goods by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning facts constituting an offense, Articles 364 and 362(1) of the Criminal Act concerning the selection of punishment, and the selection of fines (in cases where the accused has been led to the same offense, but the accused is led to confession and reflective facts, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.