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(영문) 전주지방법원 정읍지원 2017.08.22 2017고정85
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 700,000.

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 sales of precious metals under the trade name of D in Jung-Eup City, Si.

On February 6, 2017, around 11:00, the Defendant purchased 18k gold bullion and 18k half of 18km, which was the victim F, who he stolen from E, a customer at the above gold room.

In such cases, the defendant engaged in the sales business of precious metals has a duty of care to verify whether he/she is stolen by ascertaining the personal information of E, and by examining the details of acquisition, motive for sale, and demand for the price suitable for the transaction price.

Nevertheless, the defendant acquired the stolen goods by purchasing approximately KRW 780,00,000 by negligence when neglecting the above duty and neglecting the judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the prosecution interrogation protocol concerning E;

1. Relevant Article of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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