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(영문) 서울중앙지방법원 2019.01.24 2018고정2746
업무상과실장물취득
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person engaged in the sales, etc. of high precious metals while working in the precious metal store of Jongno-gu Seoul Metropolitan Government “C”.

1. On October 4, 2018, the Defendant purchased one of the instant keys that D stolen from the said store at around 15:55.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to avoid purchasing stolens by properly examining the details of possession and sale of precious metals and the personal information and contact details of the seller.

Nevertheless, the defendant received contact information from D, and did not confirm whether the contact information was actually used, but did not properly ask the reason for the possession and sale of the key to the net gold, and purchased the key to the net gold amount of KRW 1.65 million and acquired the stolen.

2. On October 5, 2018, at the above store around 14:00, the Defendant purchased one 18 k gings, 14 k gings, 18 k gings, 18 k gings, 18 k gings, 14 gings, and 10 k gings.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to avoid purchasing stolens by properly examining the details of possession and sale of precious metals and the personal information and contact details of the seller.

Nevertheless, even though D has sold precious metal with a series of precious metals, the Defendant only received contact address and did not confirm whether D was actually used. However, the Defendant purchased six precious metal with 9.60,000 won by negligence without properly asking about the circumstances of the possession and sale of the said precious metal.

2. The judgment precious metal shop is a resident registration certificate to purchase in accordance with the price purchased by ordinary market merchants and to grasp the seller's personal status at the time of purchase.

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