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(영문) 서울북부지방법원 2014.10.14 2014고정1816
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of selling and buying heavy precious metals while operating a virtual plate in Songpa-gu Seoul Metropolitan Government.

On June 6, 2014, at around 13:00 to 15:00, the Defendant purchased one 1 foot match 24K mp (24K) mp in the market price, which is the victim’s market price, where it is impossible to find out the name that he stolen from C from the above mp.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining C's personal information, etc., while checking the process of acquisition, motive for sale, and price suitable for transaction prices.

Nevertheless, the Defendant neglected such care and neglected to make a judgment on the stolen goods, but purchased one gold boom in KRW 1,540,000 by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police suspect interrogation protocol regarding C;

1. A copy of business registration certificate and documents prepared by C by falsity;

1. Application of Acts and subordinate statutes to photographs of place of occurrence and store sales;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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