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(영문) 춘천지방법원 원주지원 2017.07.03 2017고정78
업무상과실장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in gold trading in the name of the original state C and D.

At around 14:00 on January 4, 2017, the Defendant purchased a pair of gold ears (14 km) and gold wings (14 km) that he stolen from E from the above exchange.

In such cases, the person engaged in the gold trading has a duty of care to verify the personal information of E, and to verify the acquisition process of gold e, etc., the motive of the sale, and whether the price appropriate for the transaction price is demanded.

Nevertheless, the Defendant neglected to describe the personal information of E and neglected to determine the stolen goods, but neglected to do so, the Defendant acquired the stolen goods by selling approximately KRW 9.1g (gram) of the said gold 9.1g (gram) with both parties by negligence in the course of business.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the second police interrogation protocol to E;

1. Relevant Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion that the Defendant fulfilled his/her duty of care, such as identifying the E’s identification card and personal information, and selling an appropriate price, thereby not constituting a crime of stolen business negligence.

2. That it has gone through a procedure to confirm the identity of a seller when the operator of a room purchases precious metal;

If there is a special reason to suspect whether a stolen is a stolen or not, or if he/she has paid a more detailed attention to the nature and type of the purchased product, the identity of the seller, etc., even though he/she could have known that the product is a stolen, and he/she has purchased it as a stolen due to neglecting it, the crime of acquiring the stolen product is established.

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