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(영문) 수원지방법원 2015.08.13 2015고정1299
문화재보호법위반
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 a mutual cultural heritage trade enterprise of “C”.

Any person who intends to engage in business of trading or exchanging tangible cultural heritage or tangible folklore resources (including any person who engages in such business on commission) which are categorized as movable property shall obtain permission for cultural heritage trade business from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

In addition, a cultural heritage dealer shall keep a book on the sale and purchase, exchange, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and record the details of the transaction, and shall photograph and attach the photographs of the actual objects so that it can be verified.

Nevertheless, the Defendant operated the “C” located in Suwon-si D Apartment No. 101, 604, and failed to meet the qualification requirements for a cultural heritage trading business license, and thus, did not obtain a cultural heritage trading license, the Defendant is an individual warden and Gain on the Internet portal site Nibera, under the condition that the cultural heritage trading business license is not granted.

Since October 8, 2014, the Gyeonggi Provincial Police Agency's regional investigation team E, selling one of its own cash to an unspecified number of people, such as the Si (collection), selling business entity, and auction house, or selling cultural heritage owned by an unspecified number of people, and selling and buying the cultural heritage without obtaining permission of the Suwon market from July 27, 2014 to January 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (the details of the purchase of cultural heritage - a distributor of high-ranking high-ranking cultural heritage assets among water sources);

1. A report on internal investigation (attaching a name card of a dealer of cultural heritage without permission);

1. A report on the appraisal of cultural heritage;

1. Application of guidelines for implementing a permission system for cultural heritage trade business;

1. Article 99 (1) 3 of the Cultural Heritage Protection Act and Article 99 (1) of the same Act concerning criminal facts and the selection of punishment;

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