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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person engaged in sales of precious metals while operating a room with the mutual funds of “C” in Busan Jin-gu, Busan.

On April 2017, 2017, the Defendant purchased 2 gold bullions owned by D, 2 gold bars, 2 gold posts, and 1 Jinju gms, etc., which were stolen by D in the court.

In such cases, a person engaged in sales of precious metals has a duty of care to verify whether he/she has stolen goods, such as confirming the quality of precious metals, the details of acquisition of precious metals, the acquisition price of precious metals, the reason for sale, the motive, etc., and then to purchase them.

Nevertheless, the Defendant neglected this and acquired the stolen by purchasing the aforementioned precious metal by occupational negligence by simply confirming the personal information and the reason for sale only formally.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by each prosecution;

1. Application of the respective Acts and subordinate statutes of E and F;

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;