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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, when purchasing precious metals from F, did not violate the duty of care to verify identification cards, enter the resident registration number, address, and the date of issuance of resident registration certificates in the book, and to verify whether the metal was stolen.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.
2. Determination
A. The determination of the assertion of misunderstanding the fact has gone through the procedure of verifying the identity of the seller when the operator of the room purchases precious metal
Even if there are special circumstances to suspect whether a stolen is a stolen or not, or if there were more detailed attention to the nature and type of the purchased goods, the identity of the seller, etc., even though they could have been known that the goods are stolen, if they were purchased after being negligent in doing so, the crime of acquiring the stolen goods by the head of the commercial office and office is established.
In addition, whether there are special circumstances to suspect whether an article is a stolen or not, and the identity and status of the seller as to whether the article was a stolen, the nature and type of the article, the objective relationship between the seller and the seller, and the speech and behavior of the seller (see, e.g., Supreme Court Decision 2003Do348, Apr. 25, 2003). According to the evidence duly adopted and examined by the court below and the court below, the defendant demanded an identification card from F when he purchased precious metals from F and then paid the purchase price, and the defendant can be recognized the fact that he did not confirm F resident registration number, address, issuance date of resident registration certificate, but did not ask the source of the article. Considering the above circumstances in light of the legal principles as seen earlier, if the defendant properly followed the F’s identity verification procedure, and paid more attention to the nature, type, and acquisition process of the purchased article.