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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.
1. On October 30, 2016, the Defendant received two gold bars equivalent to KRW 6 million in total of the market price owned by F, a stolen property, from “D pawnpo” operated by the Defendant in Busan Jung-gu, Busan, as collateral, from “D pawnpo” (17 years of age) around October 30, 2016.
In such cases, a person engaged in the pawning business has a duty of care to accurately verify the client's personal information, status, contact details, etc., and to verify whether the precious metal provided as security is stolen by properly examining the nature and type of the object, the process of acquisition of the object, the motive for providing security, ownership relationship, etc.
Nevertheless, the Defendant neglected to do so and instead lent KRW 480,00 to E by negligence in the course of business, i.e., not comparing the identification card pictures and face of E presented by E, and acquired two gold bars as collateral.
2. On November 1, 2016, the Defendant received from the “D pawnpo” as security a half-yearly amounting to five million won at the market price of F, a stolen object, from E, from around November 1, 2016.
In such cases, a person engaged in the pawning business has a duty of care to accurately verify the client's personal information, status, contact details, etc., and to verify whether the precious metal provided as security is stolen by properly examining the nature and type of the object, the process of acquisition of the object, the motive for providing security, ownership relationship, etc.
Nevertheless, the Defendant neglected to do so and instead lent KRW 600,00 to E by negligence in the course of business, such as not comparing the identification card pictures and face of E presented by E, i.e., lending KRW 60,000 to E, and acquired the above precious metal, which is a stolen object, as security.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Two-time statements made by the prosecution against E;
1. The first statement made to F by the police;
1. Protocols of seizure;