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(영문) 인천지방법원 2013.12.09 2013고정3875
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in precious metal sales business under the trade name of “D” in Nam-gu Incheon Metropolitan City.

1. On September 21, 2013, the Defendant purchased 14K 1.5 money and 24 K Handphones from E at the above gold bank.

In such cases, the defendant who runs a 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 and by properly examining the details of acquisition of precious metals to be sold, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected the above duty of care and acquired stolens by purchasing the precious metal in KRW 390,00, without neglecting the judgment on the stolen.

2. On October 3, 2013, the Defendant purchased precious metals of 18K 0.4 0 and 14K 2.5 k k e money from the above-mentioned gold bank.

In such cases, the defendant who runs a 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 and by properly examining the details of acquisition of precious metals to be sold, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant acquired the precious metal in KRW 310,00 by negligence, which neglected to make a judgment on the stolen by neglecting such duty of care.

3. Around October 18, 2013, the Defendant purchased precious metals, such as 14K, Bags, etc., from the above-mentioned gold bank, from the above-mentioned gold bank.

In such cases, the defendant who runs a sales business of precious metals has a duty of care to verify whether he/she is stolen by ascertaining the above E's personal information, etc. and by properly examining the details of acquisition of precious metals to be sold, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the defendant neglected the above duty of care and neglected the stolen.

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