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Reasons
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(영문) 수원지방법원 여주지원 2013.11.04 2013고정46
업무상과실장물취득
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 24, 2012, the Defendant purchased 14 kmonmond 14 kms for men, equivalent to KRW 1,300,00,000, in the “D” from the Defendant’s operation of the Defendant in Ischeon-si, E, which he stolen from E. (hereinafter “instant counter”).

In such cases, the defendant, who is engaged in the purchase 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 details of the acquisition of the gold bullion, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, who neglected such care and neglected to make a judgment on the stolen, acquired stolen goods by purchasing the Ban of this case in KRW 487,000 by negligence.

2. Around August 13, 2012, the Defendant purchased a 18kmonmon craft sets (e.g., e., g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., e., e.,

In such cases, the defendant, who is engaged in the purchase of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of E, and by properly examining the details of acquisition of precious metals, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, who neglected such care and neglected to make a judgment on the stolen, acquired the stolen property of this case by purchasing the plaque in KRW 1,950,400.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, F, G, E, and I;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. On-site photographs (12 pages of investigation records);

1. A copy of the ledger of high price purchase;

1. Copy of business registration certificate;

1. Determination of the Defendant of the contract and his/her defense counsel’s assertion

1. The alleged defendant is E.

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