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(영문) 춘천지방법원 원주지원 2012.08.31 2012고정411
업무상과실장물취득
Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in sales of precious metals with the trade name of “D” in Kuju-si.

On October 5, 2011, the Defendant purchased 2 gold bars equivalent to KRW 600,000,000,000,000,000 in the market price of the victim F, who was the victim F that he stolen from E, from E at the above release on bail, five gold bars equivalent to KRW 500,000,00 in the market price, and three pent-tamp equivalent to the market price of KRW 2

In such cases, the defendant, who is 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, etc. of E, while checking the process of acquisition, motive for sale, and price suitable for the transaction prices.

Nevertheless, the Defendant neglected to pay the above attention and neglected to determine the stolen goods, but purchased 2 gold gings, 5 gold gings, and 3 gings to 500,000 won by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

2. Defendant B is a person who is engaged in sales of precious metals with the trade name of “H” from G in the prime city of nuclear power.

On December 12, 2012, the Defendant purchased three gold-rums owned by the victim J from the instant precious metal shop from the said precious metal shop by a minor I, and purchased two gold-rums owned by the victim J from the said I at the same place on the 12th of the same month.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., while checking the details of the acquisition of the gold bullion, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen, purchased 5 gold Bans over two times as above by negligence, and purchased 500,000 won.

In the end, it is eventually.

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