The defendant shall be innocent.

1. The summary of the facts charged is a person engaged in the business of pawning the name “D” in Busan Jung-gu, Busan.

On May 26, 2013, at around 01:30 on May 26, 2013, the Defendant received a request to lend money as security by approximately 15 k gold 18 k mpbs in an amount equivalent to KRW 3 million in the market price, which is the victim F, he/she owned by E.

In such cases, the defendant, who is engaged in the pawning business, has a duty of care to confirm the stolen property by clearly examining the details of acquisition, motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen property, but neglected the judgment on the stolen property, lent KRW 2,100,000 to E, and kept the stolen property by taking one gold gling as security.

2. The defendant and his defense counsel asserted that the defendant lent one half of 2.1 million won as collateral from E as stated in the facts charged. However, the defendant confirmed the personal information of E in the process, motive for sales, possession circumstances, etc., and the purchase price was determined as appropriate in light of the market price at the time. Thus, the defendant and his defense counsel fulfilled their duty of care in relation to the acquisition of stolen property.

3. Determination

A. The crime of the acquisition of a pawned article by occupational negligence requires that a person engaged in the business of dealing with used goods, such as a stolen or pawned article, be more likely to handle the stolen goods than the general public. In the case of a pawned article businessman, the requester's resident registration certificate was presented and confirmed his/her address, name, occupation, and age, and entered his/her personal information, such as his/her name, occupation, age, and the characteristics of the pawned article in the pawned article ledger, and entered his/her telephone number in the pawned article ledger, he/she fulfilled his/her duty of care in the process of pawned article, and further