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Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant is a person engaged in the purchase of precious metals, operating a precious metal store in the name of “C” in the following cities:
On August 2012, 2012, the Defendant purchased from D 1 gold sheets for women who were stolen by D and E at the above precious metal store (18k, 7k) and 1 gold blance for women (18k, 3.5 money).
In this case, the person engaged in the purchase business of precious metals has a duty of care to confirm whether the precious metal is stolen or not, by checking the seller's personal information, etc. and recording in the account book, the details of acquisition, motive for sale, and the seller's demand for the price suitable for the transaction price.
Nevertheless, the Defendant neglected this and did not examine the basic matters on the determination of whether the above stolen goods were stolen, and purchased from D the above gold and gold papers in an amount equivalent to KRW 1.4 million.
Accordingly, the Defendant acquired stolen goods by occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's interrogation protocol on D and E;
1. Application of Acts and subordinate statutes to a investigation report (related to the acquisition of stolen goods in the line of duty), an investigation report (the amount of damage - the report on the confirmation of the current price);
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;