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(영문) 대전지방법원 2012.12.05 2012고정2358
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in the sales and purchase of precious metals with the trade name of “C” in Daejeon Dong-gu, Daejeon.

Therefore, when the defendant purchases precious metals, he has a duty of care to accurately confirm the seller's personal information and enter the details of acquisition of precious metals in the account book, and to properly examine the details of acquisition of precious metals, motive for sale and the price suitable for transaction prices, and to verify whether it is stolen.

Nevertheless, the Defendant:

A. On January 2, 2012, at the above store around 17:00, one of the counter-influences owned by the victim E and one of the counter-influences that D stolen by the victim E, while purchasing the counter-influences for men, while neglecting the duty of care as above, purchasing each counter-influences at KRW 5.10,000 by negligence, which neglected the determination of the stolen goods, and acquiring the stolen goods

(b) The same month;

3. At around 17:00, purchasing one of the 2,200,000 Won of the market price of the victim E, which he stolen from D, and purchasing one of the 24K 10,000 won of the above 1,40,000 won of the above 1,40,000 won of the above neck was negligent in neglecting the duty of care as above and neglecting the judgment on the stolen goods, and acquiring the stolen goods at KRW 1,40,00;

(c) The same month;

4. At around 17:00, the victim E, which he stolen from D, purchased 18K 14 K gale in the amount of KRW 1,500,000 in the market price of KRW 495,00,000, and acquired 1,50,000 in the amount of KRW 1,50,000 in the market price, and 2.5 K gale in the amount of KRW 50,000 in the market price, while neglecting the above duty of care and neglecting the determination on stolen goods.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving a F-car.

On August 28, 2012, the Defendant driving the said car around 21:18, and operating the said car at the direction of Samcheon River, at the entrance of the peace funeral hall located in the middle-gu of Daejeon.

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