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(영문) 대구지방법원 2014.06.27 2014고정1172
업무상과실장물취득
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Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in sales of precious metals with the trade name of “D” in Daegu-gu C.

At around 16:00 on February 8, 2014, the Defendant purchased one gold d.49 f.m. in the amount of KRW 580,000 at the market price, which is the victim F.m. from the above bank.

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 the personal information, etc. of E, while checking the process of acquisition, motive for sale, and price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above duty of care and neglecting the judgment on the stolen goods, purchased one gold boom in KRW 570,000 by negligence.

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

2. Defendant B is a person engaged in sales of precious metals with the trade name “H” in Daegu Jung-gu G.

Around 19:00 on February 5, 2014, the Defendant purchased one of nine 9 diversing posts equivalent to KRW 1,170,000 at the market price of the victim F that he stolen from E from the above gold bank.

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 the personal information, etc. of E, while checking the process of acquisition, motive for sale, and price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above duty of care and neglecting the judgment on the stolen goods, purchased one gold boom in KRW 1,100,000 by negligence.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and I;

1. A written statement;

1. Each purchase account book and investigation report E shall be the subject matter;

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