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(영문) 대전지방법원 천안지원 2014.03.27 2014고정110
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 16:00 on August 5, 2013, the Defendant refused to make a proposal for the purchase of three stones that D stolen on the ground that D did not possess an identification card. The Defendant refused to make a proposal for the purchase of three stoness, three gold girs, and 14K girs.

At around 17:00 on the same day, the Defendant, along with E holding identification cards, purchased the said precious metal from D who proposes to purchase the said precious metal.

In such cases, a person engaged in the business of buying and selling on bail is not aware of the foregoing precious metal, so he/she has purchased the precious metal in 29.550,000 won without neglecting his/her duty of care, despite the fact that he/she has a duty to care to prevent the purchase of stolen goods by checking the identity, motive for sale, etc. of E and recording it in the account book, and properly examining whether he/she is in conformity with his/her status and demands the reasonable price

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, D, or E;

1. G statements;

1. Application of the C Dom Exchange photographs, copies of personal purchase register, and photographs of resident registration certificates E of forged suspects E;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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