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Defendant
A shall be punished by a fine of KRW 700,000,000, and by a fine of KRW 1 million.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A is a person who operates a gold bank with the trade name of Ssi-si D, and Defendant B is a person who operates a gold bank with the trade name of “F” on the first floor of the E market in Jinju-si, and the Defendants are engaged in a business of purchasing and selling heavy precious metals.
1. At around August 5, 201, Defendant A received a request from G for purchase of 18K gold bars for women, the market value of which is equivalent to KRW 500,000,00,000 from the victim H, who is the stolen property, from G, and one purchase request was made from G for women, the victim H, the stolen property of which is equivalent to KRW 500,000,000. On August 6, 2011, Defendant A received a request for purchase of one of 14K gold bars for women, the victim H-owned market value of KRW 100,00,000,000.
In such cases, the Defendant, who is engaged in the business of purchasing heavy precious metals, has a duty of care to properly record and manage the details and the seller's matters in the account book in order to verify whether the said precious metal is stolen or not. In such a case, the Defendant had a duty of care to properly record and manage the source, process of acquisition, motive for sale, personal information and contact of the seller, contact details, ownership relation, and property suitable for the market price.
Nevertheless, the Defendant purchased the precious metal at the seat of KRW 434,00 and KRW 90,00,000 as a result of occupational negligence, which neglected the Defendant’s duty of care to sell women’s goods, inasmuch as the address entered in G’s resident registration certificate is safe and visible, there is a considerable distance from the show of show, which is a place for requesting purchase, and G, as a man, attempted to sell women’s goods.
2. At around 15:00 on July 8, 201, Defendant B requested the purchase of two gold 18K gold blings for women with a face value of KRW 1,00,000, the market value of the stolen and unclaimed boxes owned by G from the gold bank.
In such cases, the defendant, who is engaged in the purchase business of heavy precious metal, shall be the subject matter in order to confirm whether the said precious metal is a stolen.