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(영문) 부산지방법원 2018.05.04 2017노4939
업무상과실장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal confirmed E’s personal information and motive for sale, etc., and subsequently performed the duty of care as a precious metal merchant, such as purchasing the gold paper of this case, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. The court below rejected the defendant's argument in detail under the title "the grounds for appeal of this case" in the judgment of the court below, on the ground that the defendant alleged the same as the grounds for appeal of this case, and the court below rejected the defendant's argument. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the Defendant’s appeal is clearly a clerical error of “the process of acquiring gold bars” in the judgment of the court below, and thus, it is obvious that the “the process of acquiring gold bars” in the 6th place of crime is a clerical error of “the process of acquiring gold bars.”

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