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(영문) 수원지방법원 성남지원 2013.05.15 2013고정351
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 3, 2012, around 16:31, 2012, the Defendant purchased 2 K 14 K k k k k k k k k from D’s market price.

In such cases, the defendant, who is engaged in the purchase business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining DNA information, etc. and entering them in the purchase account book, and by sufficiently examining the motive for selling precious metals and the price suitable for the transaction price of precious metals.

Nevertheless, the Defendant neglected to exercise due care, such as not checking the identity of the F driver's license even after having been presented by D, and acquired the stolen goods at KRW 6,886,50 in total on six occasions, as shown in the attached list of crimes, by purchasing 44,00 won and acquiring the stolen goods by neglecting to make a judgment on the stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the prosecution;

1. Application of Acts and subordinate statutes to the ledger of gold purchase;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act: Selection of a fine;

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

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