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(영문) 인천지방법원 2013.09.13 2013고정2004
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 who is engaged in trading of precious metals with a trade name called D in Bupyeong-gu Incheon Metropolitan City.

At around 18:00 on April 22, 2013, the Defendant purchased one gold 2.50,000 won at the market price of the victim F, which he stolen from E, from the upper bank.

In such cases, the Defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether the gold e, etc. is stolen by ascertaining the personal information of the above E, and the details of the acquisition of the gold e, motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, without due care, neglected to verify E’s domicile, contact address, etc., and neglected to make a judgment on the stolen, acquired the stolen goods by purchasing the gold bar and gold bar in KRW 1.90,00,000.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the second examination protocol of suspect suspect to E to the prosecution;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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