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(영문) 부산지방법원 동부지원 2017.02.27 2017고정65
업무상과실장물취득
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who operates a 'B' bank.

1. On December 23, 2014, at around 15:00, the Defendant purchased one male gold-componed 1,500,000 won in the “B” located in Busan Shipping Daegu, Busan. At around 15:0, the Defendant purchased one male gold-componed 1,500,000 won in the market price of the victim E (37:00,000) owned by D.

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 taking into account well the details of acquisition, motive of sale, and demand for the price suitable for the transaction price from D.

Nevertheless, the Defendant purchased 253,00 won in large amount and acquired stolens by neglecting the above care and neglecting the judgment on the stolen property.

2. On January 7, 2015, the Defendant purchased at the above place, around 18:00, one of the 1.5 franchis 18k franis and one of the 1.5 franchis 18k franis in an amount equivalent to 200,000 won at the market price of the victim E, which was the victim E that he stolen from D, respectively.

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 taking into account the details of acquisition of he/shes and shes, the motive for sale, and the price at the market price of the transaction.

Nevertheless, the Defendant purchased 300,000 Won by neglecting the above care and instead neglecting the judgment on the stolen water, and acquired the stolen goods by purchasing 300,000 Won by negligence.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation (a copy of suspect interrogation protocol attached to a separate suspect D);

1. Application of Acts and subordinate statutes to investigative reports (Attachment, such as photographs of purchase paper);

1. Articles 364 and 362 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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