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(영문) 부산지방법원 2017.02.02 2016고정3733
업무상과실장물취득
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant received 18K gold bullion equivalent to 3.522,00 won at the market price of F, the stolen goods, from E, from the “D pawnan” located in Busan Jung-gu, Busan.

In such cases, in order to verify whether the aforementioned precious metal is stolen, the Defendant, who is engaged in the pawning business, has a duty of care to accurately verify the client’s identity, personal information, contact details, etc., and to accurately examine the source of the relevant product, the process of acquisition, the motive of providing security, ownership relationship, and whether the product is suitable for the status, and to record and manage the above contents and the client’s matters in an account book.

Nevertheless, the defendant neglected the above duty of care and did not verify E's identification card due to the negligence in the course of duty, and lent KRW 1750,000 to the above E, and stored one of the above gold sheet, which is the stolen goods, as security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the investigation report (the attachment of pawned Table and D pawned Book);

1. Relevant Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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;

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