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(영문) 부산지방법원 동부지원 2014.10.23 2014고정1138
업무상과실장물취득
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a gold-raising event hall with the trade name of “C” in 111. A.

Around April 18, 2013, the Defendant purchased 14 K 14K radius from the market price owned by the victim E, which was stolen by D at the event site of “C” in Busan Shipping Daegu B, Busan, and acquired the relevant precious metal after examining whether the process of acquiring the said precious metal, the motive for sale, and the price at the time of transaction were demanded, etc., without due diligence, even though there was a duty of care to verify whether the goods were stolen, the Defendant neglected to make a judgment on the stolen goods and acquired the stolen goods by purchasing the said precious metal in KRW 96,40, by negligence, while neglecting such duty of care.

B. On May 20, 2013, the Defendant purchased 18K precious metal owned by D at the above event site, and acquired the relevant precious metal at KRW 456,100 by negligence, without due care, even though he/she had a duty of care to verify whether the process of acquiring the said precious metal, the motive for sale, and the price suitable for transaction prices, etc., were demanded, and thus, the Defendant acquired the relevant precious metal at KRW 456,100 by taking account of the fact that he/she neglected to make a judgment on the stolen goods.

C. On June 24, 2013, the Defendant: (a) purchased 14 K ear 1 even and 18K ear 1 even in which the market price owned by D was unknown at the above event site; and (b) had a duty of care to verify whether the circumstances leading up to the acquisition of the said precious metal, the motive for sale, and the price at which the transaction price was appropriate for the market price; and (c) purchased the said precious metals with 433,700 won by negligence, which neglected to make a decision on the stolen goods, and acquired the stolen goods by purchasing the said precious metals at 43,700 won by neglecting such duty of care.

On July 6, 2013, the Defendant purchased even 18K ear 1 even in which the market price on the victim’s possession that D stolen at the above event site is unknown, and the circumstances leading up to the acquisition of the said precious metal, the motive for sale, and the motive for sale.

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