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(영문) 수원지방법원 성남지원 2013.07.25 2013고정873
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

At around 14:00 on January 30, 2013, the Defendant purchased one gold sheet (24km, 50.6g) of KRW 2810,00,00 of the market price of the E-owned land, which he stolen from D, from the cam bank operated by the Defendant in Sungnam-si, Manam-si B.

In such cases, the Defendant, who is engaged in sales of precious metals, has a duty of care to verify whether he/she is stolen by checking the identity, etc. of D and by properly examining the details of acquisition of precious metals, the motive for sales, and whether he/she demands the adequate price compared to the transaction prices.

Nevertheless, the Defendant, while neglecting the above duty of care and neglecting the judgment on the stolen, purchased the above gold bullion in KRW 2.810,000 by negligence.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to D of a copy of the protocol concerning interrogation of suspects by the prosecution;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is against the defendant, the fact that the defendant was punished once as a fine for the same kind of crime, and the reason for the purchase shall be taken into account.

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