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(영문) 서울동부지방법원 2013.12.11 2013고정1297
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in sales of precious metals with the trade name of “D” in Dongdaemun-gu Seoul Metropolitan Government.

On February 2, 2013, the Defendant purchased 14 km from the upper bank on February 2, 2013, where the name that he stolen from E cannot be known, and the market price cannot be known.

In such cases, the defendant, who is engaged in the sales business of heavy precious metals, has a duty of care to confirm clearly the reason why E, whose domicile is posphere in the Defendant's gold bank located in Dongdaemun-gu Seoul Metropolitan Government, sells precious metal at the Defendant's bank, without a letter of guarantee, the reason why E does not have a letter of guarantee, the reason why E sells only one, other than Twit, the reason why E sells only one, the contact details known to E, whether E is the actual contact details, and whether E requests a price suitable for transaction prices.

Nevertheless, the Defendant, while neglecting the above duty of care and neglecting the judgment on the stolen, purchased one 60,000 won and acquired the stolen.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Application of Acts and subordinate statutes on the purchase account books;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that if there are special circumstances to suspect whether it is a stolen even though a person who operates a bank of the grounds for conviction under Article 334(1) has gone through a procedure to identify a seller in purchasing precious metal, or if he/she has paid more detailed attention to the nature and kind of the purchased goods and the identity of the seller, etc., he/she is negligent in purchasing it and acquires it as a stolen, the crime of acquisition of stolen property by occupational negligence is established.

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