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(영문) 부산지방법원 서부지원 2019.08.29 2019고정403
업무상과실장물취득
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a bank with the trade name "C" in Busan Suwon-gu B.

On April 2018, the Defendant purchased 1,155,00 won in the market value of 1,155,000 won or more for female employees in the market value of 412,500 won or more for female employees, or 1,000 won in the market value of 57,500 won or more for female employees in the middle of 2018.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the identity of D and recording the details of acquisition of gold stuffs, motive for sale, and demand the price suitable for the transaction prices.

Nevertheless, the Defendant, while neglecting such care, acquired stolens by purchasing KRW 600,000 of the price, which was negligent in neglecting the judgment on the stolen property.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect E by the prosecution;

1. Each police interrogation protocol on F or D;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation report (the defendant may recognize the defendant's negligence in light of the fact that he/she did not verify the source of the article while purchasing precious metals from D, and that he/she did not enter the details of the article purchased from D in the purchase account book at all times);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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