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(영문) 서울동부지방법원 2019.08.20 2019고정128
업무상과실장물취득
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B is a person engaged in visual trade with the trade name of “D” in Jongno-gu Seoul Metropolitan Government, and is engaged in visual trade.

At around 16:00 on December 13, 2018, the Defendant purchased 3,000,000 Won of the market value of the Victim G owned by the Defendant, which he stolen from F, who was found in the above visual room at the above visual room.

In such a case, there was a duty of care to verify whether a person engaged in sales of precious metals is stolen by ascertaining the seller's personal information, etc., while checking the details of visual acquisition, the motive for sales, and the price suitable for the transaction price.

Nevertheless, the Defendant acquired the stolen by purchasing one of the above visibility in KRW 500,000 by negligence, even though he neglected to make a judgment on the stolen goods.

2. Defendant A is a person engaged in sales of precious metals with the trade name called “I” in Jongno-gu Seoul Metropolitan Government H.

On December 11, 2018, the Defendant purchased two half of 4,000,000 won from the above precious metal store, which he stolen from F, from F, and one half of 20,000 won from the market price of the above victim owned by the Defendant around 13:00 on December 13, 2018.

In such a case, there was a duty of care to verify whether a person engaged in sales of precious metals is stolen by ascertaining the seller's personal information, etc., while checking the details of visual acquisition, the motive for sales, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected to make a judgment on the stolen, but neglected to do so, acquired each of the stolen goods at KRW 360,000 on December 11, 2018 and KRW 4,300,000 on December 13, 201.

Summary of Evidence

[Defendant A]

1. Part of the defendant A.

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