logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.11 2015고정1065
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in sales of precious metals with the trade name “D” in Masan-si Masan-si C.

around 16:00 on May 15, 2015, the Defendant purchased one of the victim F-owned market price equivalent to 600,000 won, which he stolen from E.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify and enter the personal information of E, etc. through resident registration certificates, etc., and to verify whether the details of acquisition of the relevant precious metals, the motive for sales, and the price suitable for the transaction prices, etc. are well examined.

Nevertheless, the Defendant neglected the above care and confirmed the identity card of E and purchased precious metals in KRW 485,00,000 by negligence, such as verifying the identity card of E, or not asking the acquisition details of the relevant precious metals, sales motive, etc. to E, and purchasing the precious metals in KRW 485,00,00.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of each Acts and subordinate statutes governing the offender;

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

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

3. Article 334 (1) of the Criminal Procedure Act.

arrow